r 


UC-NRLF 


LIBR^RV 

OF   THE 

University  of  California. 

GIKT  OK 

Received  ~Ccunn^  .  igof 

Accession  No.  ^ ^0^2  0^-    Chus  No. 


C^ryy^^kLOC&i^.y^jt>^. 


m 


M 


THE  CODE 


OF  THE 


City  of  Atlanta, 


CONTAINING 


THE   CHARTER  OF  1874,  i 

I 

AND  THE  AMENDMENTS  THERETO,  CERTAIN  OTHER  LAWS  OF  THE  | 

STATE,  THE  ORDINANCES  ADOPTED   BY   THE   MAYOR   AND  | 

GENERAL  COUNCIL,  AND  AN  APPENDIX  CONTAINING  I 

WATERWORKS  RULES  AND  RATES,  CITY  GOV-  | 

ERNMENT,  RULES  OF  ORDER,  STREET  H 

RAILWAY   AND    TELEPHONE  j 

FRANCHISES,    ETC.  t 


COMPILED  BY 


J.  A.  ANDERSON,  CITY  ATTORNEY. 


ADOPTED   BY  THE  MAYOR   AND   GENERAL  COUNCIL,  SEPTEMBER 
4th,  1899,  AND  APPROVED  THE  SAME  DAY. 


THE    BYRD   PRINTING   CO..    PRINTERS. 


'^xotz 


BYRD^ 
PRINTING 
COMPANY 
ATLANTA 


■C/'-j 


Iv 


Preface. 


Li  HE  effort  has  been  made  for  the  first  time  iince  the 
U  passage  of  the  Charter  of  1874  to  eliminate  from  the 
various  Acts  of  Incorporation  all  portions  thereof 
which  have  certainly  been  repealed,  and  to  arrange 
the  organic  law  of  the  City  of  Atlanta  subjectively  so 
far  as  practicable.  Some  matter  which  had  been  re- 
pealed had  to  be  retained  because  duties  which,  under 
former  Acts,  devolved  upon  certain  ofi&cers  devolved, 
under  later  Acts,  upon  other  officers,  as  in  the  case 
of  the  abolishment  of  the  former  Board  of  Commis- 
sioners of  Streets  and  Sewers  and  the  creation  of  the 
office  of  Commissioner  of  Public  Works.  Another 
notable  case  is  the  retention  of  the  various  sections 
on  Finance  and  City  Bonds  as  showing  authority  for 
what  has  been  done  in  the  past  and  the  history  of  the 
changes  made  in  their  regular  order. 

Ill  the  compilation  of  the  Ordinances  and  the  elim- 
ination of  those  repealed  I  have  been  greatly  aided 
by  Mr.  W.  J.  Campbell  and  by  Alderman  Rice 
and  Councilman  LaHatte,  who  have  both  given 
to  the  work  much  time  and  valuable  suggestion. 

The  Index,  which  it  is  believed  is  copious  and  accu- 
rate, is  the  w;ork  of  MESSRS.  Parry  and  McCord. 

JAMES  A.  ANDERSON. 


CONTENTS. 


PART   I.— CHARTER. 

CHAPTER.  PAGK. 

1.  Corporate  name,  powers  and  limits 1 

2.  Mayor 9 

3.  Legislative  Department 12 

4.  Elections-- 20 

5.  Power  to  tax 23 

6.  Finance 26 

7.  Water  supply 30 

8.  Streets,  sidewalks,  grades,  etc 43 

9.  Board  of  Health 58 

10.  Police  Department 60 

11.  Public  Schools 62 

12.  City  Assessors  and  Receivers 63 

13.  Tax  Collector,  Treasurer,  Marshal,  Clerk 63 

14.  Recorder,   Auditor 68 

15.  Building  Inspectors,   City  Attorney,   Engineer,  Sexton.  70 

16.  Miscellaneous  powers  and  duties 71 

17.  City  bonds,  charter  surplus,  sinking  fund. 74 

18.  City  Comptroller,  office  of,  created;  modification  as  to 

financial  and  tax  system ...  81 

19.  Purchase  of  lot  for  United  States  building  ratified,  also 

purchase  of  mortgage  on  old  Capitol . .  83 

20.  Taxation  and  tax   officers,  opening  and  closing  of  tax 

books,    business   and    sanitary  tax,   discounts,    inter- 
est on  executions 84 

PART    U.— GENERAL  LAT\^S. 

21.  General   laws  of  the  State  having  special   reference  to 

cities 89 

PART  lU.-ORDESTANCES. 

1.  Council  chamber,  seal  and  colors. Ill 

2.  Wards 112 

3.  Elections  for  Mayor,  Aldermen  and  Councilmen 113 

4.  Registration  of  voters 114 

5.  Mayor,   Mayor  pro  tern 117 

6.  Committees 118 


Contents. 


CHAPTER.  PAGE. 

7.  Commission,   Sinking  Fund 120 

8.  Bonds  of  the  city.  - 124 

9.  Boards  of  different  departments 158 

10.  Officers,  ordinances  governing 159 

11.  Building  Inspectors  and  building  regulations 167 

12.  Fire  Department 186 

13.  Fire  limits 196 

14.  Fires,  precautions  against .  198 

15.  Water 204 

16.  City  Physicians 211 

17.  Health,  Sanitary  Department 213 

18.  Sanitary  tax 231 

19.  Marriages,  births  and  deaths 231 

20.  Drainage,  including  sanitary  plumbing.  - 234 

21.  Government  of  Grady  Hospital 241 

22.  Sexton 244 

23.  Cemeteries 245 

24.  Public  Schools 249 

25.  Parks 252 

26.  City  Attorney 254 

27.  Clerk  of  Council 255 

28.  City  Comptroller 258 

29.  City  Engineer 263 

30.  Commissioner  of  Public  Works 266 

31.  Streets  and  alleys 270 

32.  Sewers,  permits,  etc 299 

33.  Street  Improvement  Collector 307 

34.  City  Electrician,  electric  wires,  etc 311 

35.  Street  railroad  companies 320 

36.  Railroad    companies,    duties    as  to  flagmen,    crossings, 

etc 330 

37.  City  Weighers,  weights  and  measures 337 

38.  Treasurer  . .    341 

19.  Tax  Collector,  Assessors  and  Receivers 343 

40.  Executions,  tax  sales,   Marshal 350 

41 .  Registration  of  business  licenses 355 

42.  Peddlers 358 

43.  License  Inspector,   Warden,  alms 362 

44.  Liquor  traffic 364 

45.  Powder 372 

46.  Police  Department 374 

47.  Bail , 405 

48.  Courts  and  trials,  convicts 406 

49.  Nuisances 411 

50.  Peace,  good  order  and  morals 414 


Contents. 


CHAPTER.  PAGE. 

51.  Wells  and  cisterns 426 

52.  Bill  boards ^ 427 

53.  Bucket  shops,  turf  exchanges,  etc 428 

44.  Shooting  galleries 429 

55.  Wagon  yards 430 

56.  Vendue  masters _ 431 

57.  Drays  and  hacks 432 

58.  Horses  and  mules,  cattle,  dogs,  etc.,   cruelty  to  animals  438 

59.  Ivivery  and  private  stables 442 

60.  Theatres,  opera  houses,  hotels,  etc 443 

APPENDIX. 

Rules  for  the  government  of  the  Mayor  and  General  Council .  .   448 

Waterworks  Department 451 

Street  railway  franchises 464 

Telephone  franchises 538 

Names  of  Mayors  and  members  of  the  Council  and  of  the  Gen- 
eral Council  1849  to  1899,  inclusive 555 


The  Code 


0  R  A  a  y 
■QNI  /r.RSlTY 

OF  THE  ^^CaLIFO^SV 


CITY  OF  ATLANTA 

PART   I. 

CHARTER    0:B^   1874 


AS    AMENDED. 


CHAPTER  I. 


CORPOKATE  NAME^  POWERS  AND  LIMITS. 

Section.  "  I    Section. 

1.  Corporate   name — Powers.  2-18.  Corporate   limits. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Assembly  met,  and  it  is  hereby  enacted  by  authority 
of  the  same,  That  the  inhabitants  of  the  territory  hereinafter  desig-  Act  i874. 
nated  are  hereby  continued  corporate  by  the  name  and  style  of  The 
City  of  Atlanta,  a  body  politic  and  corporate,  with  power  to  govern 
themselves  by  such  ordinances,  resolutions,  and  by-laws  for  municipal  S'me?'^^^^ 
purposes  as  they  may  deem  proper,  not  in  conflict  with  this  Charter, 
nor  the  Constitution  and  laws  of  this  State,  nor  of  the  United  States, 
with  power  in  and  by  said  corporate  name,  to  contract  and  be  con- 
tracted with,  sue  and  be  sued,  plead  and  bo  impleaded,  in  all  the 
courts  of  this  State,  and  do  all  other  acts  relating  to  its  corporate  ca-  ^°^^'''"®- 
pacity ;  and  shall  be  able,  in  law,  to  purchase,  hold,  receive,  enjoy,  pos- 
sess and  retain  for  the  use  and  benefit  of  the  said  City  of  Atlanta,  in 
perpetuity  or  for  any  term  of  years,  any  estate  or  estates,  real  or  per- 
sonal, lands,  tenements,  hereditaments  of  whatever  kind  or  nature  so- 
ever, within  the  limits  or  without  the  limits  of  said  city,  for  corporate 
purposes;  to  hold  all  property  and  effects  now  belonging  to  said  city, 
either  in  her  name  or  in  the  name  of  others,  to  the  use  of  said  city,  for 
the  purposes  and  intents  for  which  the  same  were  granted,  or  dedi- 
cated; to  use,  manage  and  improve,  sell  and  convey,  rent  or  lease,  and  ^""^  ^^'^' 
have  the  like  powers  over  property  hereafter  acquired,  and  to  have  and 
use  a  common  seal.^ 


Section   33    et 


Part  I. — Charter. 


Corporate 
limits. 


1%   miles  from  \y,    ofiif]    nifv 
Union    Passen-    ^^  ^^^^   ^'^^J 


ger  Depot. 


West   End   an- 
nexed. 
Act    Nov.    20, 


1%  miles 

Act    1874. 


Other    addi- 
tions. 


Sec.  2.  That  the  corporate  limits  of  said  city  shall  extend  one  mile 
and  three-fourths  in  each  and  every  direction  from  a  stone  post  or 
column  standing  in  the  eastern  corner  of  the  Union  Passenger  Depot 
that  is  to  say,  the  corporate  limits  shall  form  a  perfect 
circle  around  said  stone  post  or  column,  the  radius  of  which  shall  be 
one  mile  and  three-fourths';  also  territory  included  in  the  following 
limits:  Commencing  where  the  original  land  line  between  land  lots 
No.  108  and  No.  109  crosses  the  present  corporate  limits  of  the  City  of 
Atlanta  on  the  west,  and  running  from  thence  west  along  the  north 
line  of  land  lots  108  and  117  to  the  northwest  corner  of  said  land  lot 
117;  from  thence  running  south  along  the  west  line  of  land  lots  117 
and  118  to  the  southwest  corner  of  land  lot  118 ;  from  thence  east  along 
the  south  line  of  land  lots  118  and  107  to  the  Central  Eailroad;  thence 
in  a  straight  line  in  a  northeasterly  direction  to  a  point  where  Hum- 
phries street  crosses  the  present  corporate  limits  of  the  City  of  Atlanta, 
as  shown  by  Cooper's  Map  of  Atlanta,  and  from  thence  along  the  pres- 
ent corporate  limits  of  the  City  of  Atlanta  to  the  beginning  point.' 
In  addition  to  the  territory  hereinbefore  mentioned,  the  said  limits 
of  the  City  of  Atlanta  shall  be  extended  along  the  track  of  the  Geor- 
gia Eailroad  to  the  line  dividing  the  property  formerly  owned  by 
Mrs.  E.  M.  Clark  and  now  owned  by  the  East  Atlanta  Land  Com- 
pany, from  the  place  owned  by  Mrs.  Ed  Holland,  and  thence  north- 
wardly along  said  line,  along  the  property  of  the  East  Atlanta  Land 
Company,  and  thence  westwardly  along  the  line  of  said  company, 
back  to  the  present  limits  of  the  City  of  Atlanta."  Also  beginning 
at  the  intersection  of  the  present  city  limits  and  the  Georgia  Eailroad 
track,  and  running  thence  northeasterly  along  said  track  of  said 
Georgia  Eailroad  to  the  dividing  line  between  Fulton  county  and 
DeKalb  county ;  thence  running  north  along  said  dividing  line  between 
said  counties  to  the  intersection  of  the  northeasterly  line  of  Augusta 
avenue,  projected  to  intersect  said  county  dividing  line;  thence  along 
said  northeasterly  line  of  said  Augusta  avenue  in  a  northwesterly  di- 
rection to  the  intersection  of  the  northwesterly  line  of  Highland  ave- 
nue and  the  said  northeastery  line  of  said  Augusta  avenue,  projected ; 
thence  southwesterly  along  said  northwesterly  line  of  said  Highland 
avenue,  to  its  intersection  with  the  present  city  limits ;  thence  along 
the  line  of  the  present  city  limits  of  the  City  of  Atlanta  to  the  point 
of  beginning.  The  territory  above  described  shall  be  and  constitute  a 
part  of  the  Fourth  ward  of  said  City  of  Atlanta.  The  sale  of  liquor  or 
beer  or  other  intoxicating  drinks  is  hereby  prohibited  in  any  parts  of 
the  corporate  limits  of  Atlanta,  outside  of  the  radius  or  circle  of  one 
mile  and  a  half  from  the  center  of  the  city." 


Sept.    4, 


1  See  Act  September  4th, 
^  See  Act  November  20th, 
8  See  Act  September  4th, 
*  See   Act   September   4th, 


and  November  20th, 


Acts  of  Incorporation. 


Sec.  3.  In  all  cases,  except  where  expressly  excepted  in  this  act, 
all  laws  and  ordinances,  whether  general  or  special,  now  applicable  and 
in  force  in  the  City  of  Atlanta  as  now  constituted,  shall,  from  and  af-  J^?^^  ^^^  °■■• 

•^  '  '  dinancea    of 

ter  January  1st,  next,  be  applicable  and  of  force  in  the  territory  now  Atlanta  to  ap- 
known  as  West  End,  as  described  above.     Laws  for  the  collection  of 
balances  due  West  End,  as  well  as  for  preserving  order,  are  covered  by 
this  section. 

Sec.  4.  Said  territory  now  known  as  West  End,  and  described 
above,  shall,  by  itself,  be  a  separate  and  distinct  ward  of  the  city  of 
Atlanta,  and  shall  be  known  and  designated  as  the  Seventh  ward  of  iyp*  ^"^  *°  ^^ 

^  ^  7th   ward. 

the  City  of  Atlanta,  and  shall  in  the  future  be  and  remain  a  separate, 
distinct  ward,  with  its  boundaries  unchanged,  except  as  the  same  may 
be  enlarged  by  and  with  the  consent  of  two-thirds  of  the  General 
Council  of  the  City  of  Atlanta. 

Sec.  5.  Said  territory,  when  it  shall  become  the  Seventh  ward  of 
the  City  of  Atlanta,  shall  be  entitled  to  only  one  Councilman  for  the  ^^^  councii- 
next  five  years  from  the  date  of  annexation,  unless  said  territory  shall  "^"  *°''  ^  ^^• 
sooner  contain  five  thousand  or  more  inhabitants;  then  and  in  that 
event,  said  Seventh  ward  shall  be  entitled  to  two  Councilmen  equally 
with  the  other  wards  of  said  city.  The  first  Councilman  for  said  ward 
shall  be  elected  in  the  same  manner  and  under  the  same  rules  and  reg- 
ulations as  shall  be  the  Aldermen  and  Councilmen  for  the  other  wards 
of  the  City  of  Atlanta  at  the  next  general  city  election ;  that  is,  at  tlie 
general  city  election  to  take  place  in  the  City  of  Atlanta,  the  present 
territory  of  West  End  shall  participate  in  said  general  election  just  as 
if  it  were  then  a  part  of  the  territory  of  the  City  of  Atlanta,  and  the 
citizens  thereof  shall  vote  for  the  full  city  officers,  including  their  own 
Councilman,  as  do  the  other  citizens  of  Atlanta  for  the  purposes  of  said 
election.  Said  Councilman,  at  said  election  chosen,  shall  serve  for  the 
term  of  two  years,  and  at  every  other  election  a  new  Councilman  for 
the  Seventh  ward  shall  be  elected.  But  the  citizens  of  the  Seventh 
ward  shall  participate  equally  with  the  other  citizens  of  Atlanta  in 
every  city  election,  whether  a  Councilman  shall  at  said  election  be 
elected  for  the  Seventh  ward  or  not.  If  the  said  Seventh  ward  does 
not  before  said  time  contain  five  thousand  or  more  inhabitants,  then  „  , 

'  If  5,000  popula- 

at  the  general  city  election  to  be  held  in  the  fall  of  the  year  1898  there  tion  before  5 

"^  -^  ''  years    another 

shall  be  a  new  Councilman  chosen  by  the  city,  as  all  other  Councilmen  councilman  to 

•}  •!  ^  be   elected. 

are  chosen,  to  represent  the  Seventh  ward  of  said  city  for  a  term  of 
two  years,  and  a  new  Councilman  shall  thereafter  be  elected  for  said 
ward  at  each  city  election  just  as  Councilmen  are  elected  for  the  other 
wards  of  said  city.  If  before  five  years  from  January  1st,  1894,  the 
said  Seventh  ward  shall  contain  five  thousand  people,  then  at  the  next 
city  election  thereafter  held  a  new  Councilman  shall  be  elected  to  rep- 
resent the  Seventh  ward.  If  it  so  happens  that  the  original  Council- 
man provided  for  in  this  act  is  also  to  be  elected  at  said  last-mentioned 
election,  then  the  term  of  office  of  the  new  Councilman  at  said  election 


Part  I. — Charter. 


To    have    ward 
representa- 
tion on  Boards 
if    other    wards 
as  such  have 


to  be  elected  shall  be  for  only  one  year  and  each  year  thereafter  at  each 
city  election  a  Councilman  shall  be  elected  to  represent  the  Seventh 
ward. 

Sec.  6.  If  hereafter  the  wards  of  the  City  of  Atlanta  shall,  as  such, 
become  entitled  to  representation  by  an  Alderman  each,  then  and  in 
that  event,  the  Seventh  ward  shall  have  the  same  right  with  the  other 
wards  of  the  city  to  such  representation.  Said  Seventh  ward  shall 
also  have  the  same  representation  as  do  the  other  wards  of  said  city 
upon  the  Board  of  Education,  the  Board  of  Water  Commissioners,  the 
Board  of  Health,  and  upon  the  other  boards  as  by  law  now  or  hereafter 
to  be  provided  in  the  case  of  other  wards,  and  to  that  end,  said  boards 
shall  be  enlarged  by  adding  thereto  the  representative  from  the  Sev- 
enth ward,  who  shall  hold  for  such  terms  as  the  ordinances  prescribe. 
At  the  second  meeting  of  the  Council  in  January,  1894,  there  shall  be 
an  election  for  the  purpose  of  adding  to  said  boards  the  representa- 
tives allowed  for  the  Seventh  ward.  Those  then  elected  shall  hold 
their  office  until  there  is  a  regular  election  under  the  charter  of  the 
City  of  Atlanta,  to  elect  the  members  of  said  boards,  and  at  said  regu- 
lar election,  and  always  thereafter,  the  representatives  on  said  boards 
from  the  Seventh  ward  shall  be  elected  as  are  members  from  other 
wards. 

Sec.  7.  Except  as  the  laws  may  be  changed  or  modified  by  the  laws 
and  charter  of  the  City  of  Atlanta,  said  city  shall  succeed  to  and  pre- 
serve and  carry  out  all  the  rights  of  West  End,  whether  they  exist  by 
reason  of  contract  or  otherwise.  And  especially  will  Atlanta  preserve 
to  the  citizens  of  the  Seventh  ward  all  the  rights  that  the  citizens  of 
the  city  of  West  End  now  have  as  to  street-railway  franchises,  grants 
or  conditional  grants,  and  in  enforcing  any  contract  or  lien  received 
from  the  city  of  West  End  under  this  contract,  the  City  of  Atlanta 
shall  have  and  exercise  all  the  rights  and  remedies  that  the  city  of 
West  End  or  its  citizens  had,  or  may  have  had ;  and,  in  addition,  the 
said  City  of  Atlanta  shall  have  all  the  rights  and  remedies  which  West 
End  now  has  to  enforce  said  contracts  or  liens  so  received ;  this  power 
to  apply  to  executions  for  taxes  and  assessments  for  local  improve- 
ments of  any  kind. 

Sec.  8.  Atlanta  shall,  and  by  this  act  does,  assume  the  bonded  in- 
debtedness of  West  End,  which  amounts  to  the  sum  of  $52,000 ;  and  on 
January  1,  1894,  said  City  of  Atlanta  shall,  by  virtue  of  this  act  and 
by  virtue  of  the  agreement  made  by  and  between  the  City  of  Atlanta 
and  the  City  of  West  End,  and  without  any  further  writing  or  convey- 
ance, become  invested  with  the  absolute  title  and  ownership,  control 
and  rights  of  disposition  of  all  the  municipal  assets  and  property  of 
West  End.  The  assets  of  West  End  which,-  by  this  act,  shall  become 
the  property  of  Atlanta  are:  Gordon  street  lot,  75x100  feet;  im- 
pounding lot,  west  of  school  lot;  a  triangular  lot,  60  x  60  feet,  Eail- 
road  avenue  and  Oak  street;  the  city  interest  in  the  school  building 


Rights  and 
franchises  al- 
lowed under 
West  End 
charter  pre- 
served. 


Property  as- 
sets and  rights 
vest  in  Atlanta 


Acts  of  Incorporation". 


and  lot  on  Lee  street,  the  city's  interest  estimated  at  $22,000;  snch 
tax,  /?.  fas.  and  claims  for  street  improvements,  sewers  and  sidewalks, 
not  collected  by  the  City  of  West  End  on  January  1,  1894;  mules, 
carts,  wagons,  harness  and  iron  safe.  It  is  the  purpose  of  this  act  to 
invest  the  City  of  Atlanta  with  the  full  title  of  the  property  above  de- 
scribed at  the  date  aforesaid,  and  with  title  to  all  other  assets  belong- 
ing to  West  End,  January  1,  1894.  Uncollected  executions  for  taxes 
or  assessments,  whether  due  to  West  End  or  transferees,  shall  be  en- 
forced by  levy  and  sale  by  the  Marshal  of  Atlanta,  subject  to  redemp- 
tion as  in  tax  sales.  The  City  of  Atlanta  also  assumes  and  agrees  to 
acquire  by  purchase  or  otherwise  all  the  rights,  title  and  interest  that 
private  citizens  have  in  and  to  said  house  and  lot ;  provided,  the  same 
does  not  cost  more  than  $6,000,  and  shall  keep  and  hold  the  sole  and 
complete  title  to  the  same  for  school  purposes. 

Sec.  9.     The  manufacture  and  sale  of  alcoholic,  spirituous  and  malt 
liquors  shall  forever  be  prohibited  within  the  territory  now  known  as  pj^^bited^^in 
West  End,  and  in  the  adjacent  territory  outside  of  the  present  terri-  t^e  rth  ward. 
tory  of  Atlanta,  as  now  provided  by  the  charter  of  West  End. 

Sec.  10.  Within  the  territory  now  known  as  West  End,  the  City  of 
Atlanta  shall  maintain  twenty  arc  lights  until  the  termination  of  the 
present  contract  of  the  City  of  West  End  with  the  Atlanta  Gas  Com-  ^^^^^^  ^^  ^^ 
pany.  After  the  termination  of  said  contract  five  additional  arc  maintained, 
lights,  making  twenty-five  arc  lights,  shall  be  maintained  by  the  City 
of  Atlanta  in  said  territory.  The  City  of  Atlanta  shall  assume  and 
carry  out  with  the  Atlanta  Gas  Light  Company  the  contract  the  City 
of  West  End  had  with  said  company,  said  contract  providing  that  the 
City  of  West  End  shall  pay  for  fifty  gas  lamps  $1,152  per  year. 

Sec.  11.     The  City  of  Atlanta  shall  have  performed  for  the  West  ^^^^^^^  ^^, 
End  territory  the  same  amount  and  kind  of  sanitary  service  on  the  ''^^^■ 
same  terms  as  to  sanitary  taxes  as  has  or  may  hereafter  be  enjoyed  by 
the  balance  of  the  City  of  Atlanta. 

Sec.  12.  The  City  of  Atlanta  shall  in  the  year  1894  build  a  brick 
fire-engine  house  in  the  present  territory  of  West  End  and  equip  the  pire-engine 
same  with  engine,  hose,  hose-reel,  horses  and  with  such  other  equip-  ''°"^®- 
ments  as  are  necessary,  at  an  estimated  cost  of  $6,850.  Said  city  shall 
man  said  fire-engine  house  and  its  equipments  with  a  company  of  not 
less  than  five  men,  and  said  company  shall  serve  West  End  and  so 
much  of  Atlanta  as  is  practicable. 

Sec.  13.  The  City  of  Atlanta  shall  maintain  upon  the  present 
school  lot  an  eight-grade  grammar  school,  equal  to  the  other  grammar  Grammar 
schools  in  the  City  of  Atlanta,  with  not  less  than  eight  teachers.  Said  ^'^^'°°'' 
city  shall  also  carry  out  the  present  contract  made  by  the  City  of  West 
End  with  the  teachers  now  employed  by  the  City  of  West  End,  and  no 
change  of  books,  curriculum  or  contracts  of  teachers  of  present  West 
End  school  shall  be  made  until  the  spring  term  of  1894.  The  present 
teachers,  books  and  curriculum  shall  be  retained  by  the  Board  of  Edu- 


Part  I. — Charter. 


cation  of  the  City  of  Atlanta  until  the  end  of  the  spring  term  of  1894, 
said  teachers  being  always  subject  to  removal  for  cause. 

Sec.  14.  The  present  territory  of  West  End  shall  be,  by  the  City  of 
Atlanta,  furnished  with  the  proper  police  protection,  which  shall  be 
Police.  increased  as  occasion  may  demand,  as  is  provided  in  the  other  parts  of 

the  City  of  Atlanta. 

Sec.  15.  Said  City  of  Atlanta  shall,  herself,  out  of  the  public  treas- 
ury and  without  private  cost  to  the  citizens  of  the  proposed  Seventh 
ward,  build  to  the  present  corporate  limits  of  the  City  of  West  End  the 
four  trunk  sewers  in  the  territory  of  West  End  called  for  by  the  sewer 
survey  of  said  territory,  made  thereof  by  the  engineer  under  the  direc- 
tion of  the  City  of  West  End,  and  shown  by  plan  or  map  of  the  pro- 
posed sewers  of  said  territory,  said  trunk  sewers  estimated  to  cost  the 
sum  of  $32,000.  The  sum  of  $15,000  shall  be,  by  the  City  of  At- 
lanta, expended  in  building  said  sewers  in  the  year  1894,  and  the  bal- 
ance as  soon  as  practicable.  All  other  lateral  and  other  main  sewers 
shall  be  constructed  on  the  same  basis  and  system  as  to  assessment  and 
otherwise  as  now  obtains,  or  may  hereafter  be  provided  by  the  charter 
of  the  City  of  Atlanta. 

Sec.  16.  The  City  of  Atlanta  shall  also,  as  early  as  practicable 
after  January  1,  1894,  lay  water  mains  in  the  present  territory  of 
Water  main,  of  Wcst  End,  ou  Lcc  strcct  f  rom  West  End  avenue  to  Beecher ;  on  West 
End  avenue  from  Lee  to  Ashby ;  on  Park  street  from  Peters  to  Ashby ; 
on  Ashby  street  from  West  End  avenue  to  Baugh ;  on  Oak  street  from 
Peters  to  Ashby ;  on  Peoples  from  Porter  avenue  to  Baugh ;  on  Gordon 
street  from  Lee  to  Plolderness;  on  Lawton  street  from  Gordon  to 
Baugh ;  on  Baugh  from  Ashby  to  Lee ;  on  Irwin  street  from  Ashby  to 
Lee;  on  Peters  street  from  Park  to  Oak;  from  which  water  shall  be 
supplied  for  fire,  sanitary  and  domestic  purposes,  at  the  same  rate  as  is 
charged  other  parts  of  the  City  of  Atlanta. 

Sec.  17.  Whereas,  This  Act  is  passed  in  pursuance  of  a  contract 
made  between  the  municipal  corporations  of  the  Cities  of  Atlanta  and 
West  End,  wherein  the  citizens  of  West  End  have  lost  all  their  rights, 


Violation  of 
contract  fea- 
tures  give   it 

right  of  action  privileges  and  immunities  as  citizens  of  the  corporation  of  West  End, 
and  have  assumed  all  the  burdens  of  citizens  of  the  City  of  Atlanta; 
and 

Whereas,  It  is  important  to  the  citizens  of  West  End  and  riglit  that 
,  said  agreement,  as  embodied  in  this,  shall  be  faithfully  carried  out  in 
all  its  parts ; 

Be  it  further  enacted,   That  upon  the  violation  of  any  of  the  provi- 
sions of  this  Act  or  upon  the  failure  to  perform  any  part  thereof,  any 
Act  Nov.  20,     tc^  citizens  of  the  territory  of  West  End  may  enforce  compliance  there- 
1893.  with,  on  the  part  of  the  City  of  Atlanta,  by  petition  for  injunction, 

application  for  mandamus,  or  by  any  other  appropriate  legal  remedy 
in  the  Superior  CoTirt  of  Fulton  County,  or  any  other  court  having  ju- 
risdiction thereof. 


Acts  of  Incorporation. 


Sec.  18.     And  for  the  purposes  of  police,  and  of  regulating  the  re- 
tail of  ardent  spirits,  the  following  described  tracts  or  parcels  of  land  ^^'^  ^^'^■ 
are  included  within  the  corporate  limits,  as  now  established  by  law, 
to  wit:     All  that  portion  of  lot  one  hundred  and  twelve  (112)  in  the 
Fourteenth  district  of  Fulton  count}^  purchased  by  the  Mayor  and 
Council  of  said  city  from  Chapman  Powell ;  and  all  that  portion  of  lot  ^^j^^^  included 
one  hundred  and  fifty   (150)   of  the  Seventeenth  district  of  Fulton  J'J^^po^^^^p"'- 
county,  purchased  by  said  Mayor  and  Council  from  E.  E.  Sasseen  and 
Dorinda  A.  Sasseen,  and  three  hundred  yards  in  each  and  every  direc- 
tion around  said  purchases ;  and  all  that  territory  between  the  Western 
and  Atlantic  Railroad  and  the  country  road  leading  from  Atlanta  to 
Marietta,  and  a  line  three  hundred  yards  west  of  said  railroad,  and 
running  concentric  to  the  said  road ;  and  all  that  land  lying  between 
said  country  road  and  a  line  running  three  hundred  yards  east  of  said 
road  and  concentric  to  the  same,  from  the  present  corporation  line  of 
the  said  City  of  Atlanta  to  the  new  fair  grounds.    Also  commencing  on 
the  eastern  side  of  the  present  city  limits,  where  the  Atlanta  and  Rich- 
mond Air  Line  Railway  leaves  it,  and  running  along  said  railway  to  a  g°°4^sion  ^^°^ 
point  four  hundred  feet  beyond  the  Ponce  de  Leon  Spring,  thence  in  a  jg.^ 
straight  line  to  where  the  present  city  limits  crosses  the  Peachtree  road 
and  embracing  all  the  territory  between  the  Peachtree  road,  this  said 
line,  and  the  said  railway.     Also  that  tract  or  parcel  of  land  known 
and  designated  as  L.  P.  Grant  Park,  being  one  hundred  acres  of  land 
lot  Xo.  43,  in  the  Fourteenth  district  of  Fulton  county,  and  fifty  acres  park'and^on- 
of  land  in  land  lot  114  in  the'  Fourteenth  district  of  Fulton  county,  ^fj°^^s 
owned  by  said  City  of  Atlanta,  and  used  for  sanitary  purposes ;  and  ^ggg^ 
the  Mayor  and  General  Council  of  said  city  are  hereby  empowered  to 
pass  such  ordinances  for  the  preservation  of  peace  and  good  order  and 
for  the  protection  of  such  property  within  said  limits  as  may  seem  to 
them  proper.     That  the  Mayor  and  General  Council  of  Atlanta  be 
and  are  hereby  empowered  to  regulate  and  control  under  such  ordi- 
nances as  they  may  adopt,  the  sale  of  ardent  spirits,  and  all  kinds  of 
merchandise  and  refreshments,  within  the  limits  of  said  L.  P.  Grant 
Park,  and  for  two  hundred  yards  in  either  direction  from  said  limits. 
Also  the  territory  in  Fulton  county,  said  State,  outside  of  the  present 
corporate  limits  of  said  city,  adjacent  to  L.  P.  Grant  Park,  and  for  1^89. 
one  mile  in  each  and  every  direction  from  said  park,  is  hereby  incor- 
porated under  the  jurisdiction  of  said  city.     Also  that  tract  or  parcel 
of  land  known  and  designated  as  Piedmont  Park,  being  one  hundred  part""'"* 
and  eighty-three  acres  of  land  lots  54  and  55,  in  the  Seventeenth  dis-  ^gg, 
trict  of  Fulton  county,  owned  by  the  Gentlemen's  Driving  Club  and 
used  for  park  purposes.     Also  that  tract  of  land  belonging  to  the  City  ^-or^^prop- 
of  Atlanta,  known  as  "the  old  waterworks  property,"  to  wit :   368  f^'^  J°^°^p°- 
15-100  acres  in  land  lots  72,  57,  90,*  71,  and  58,  in  the  Fourteenth  dis-  ll^^^^_  p""" 
trict  of  Fulton  county.'     Also  the  following  land  lots  in  the  530th  ^g^g^ 

1    See    Act   December   loth,    1896. 


Part  I. — Charter. 


district,  Georgia  Militia,  known  as  Blackball  district,  to  wit:     Land 
lots  numbers  71,  72,  73,  74,  86,  87,  88,  89,  90,  103,  104,  105,  106,  107, 
ous'toTid^"   1^0,  121,  122,  and  in  Fulton  county,  Georgia;  and  said  Mayor  and 
waterworks.       General  Council  are  hereby  fully  authorized  and  empowered  to  pass 
1879.  g^gjj  ordinances  in  relation  to,  and  over  the  territory  embraced  in,  such 

extension  as  may  be  proper  and  necessary  for  the  full,  ample  and  com- 
Powers  over      P^^^®  protcctiou  of  Said  watcrworks,  and  all  its  appurtenances  as  above 
extension.         mentioned.     And  they  shall  have  full  power  and  authority  to  enforce 
by  penalties  a  compliance  with,  and  observance  of,  such  ordinances. 
And  said  body,  or  the  Board  of  Health  of  said  city,  may  cause  to  be 
abated  and  removed  anything  which  may  cause  impurity  or  unhealth- 
fulness  of  the  water  from  the  said  waterworks.     Also  beginning  at 
the  point  where  the  regular  corporate  limits  on  the  north  side  of  the 
Extension         ^^^^  intcrscct  with  the  west  side  of  West  Peachtree  street  and  extend- 
tween^dt^y  iS  ^^S  theucc  uorthwardly  along  the  west  side  of  West  Peachtree  street  or 
pirk™°°*          road  to  the  point  where  the  land  lot  line  between  land  lots  105  and  106 
jggg  crosses  West  Peachtree  road,  thence  easterly  along  the  land  lot  line  be- 

tween land  lots  105  and  106  to  the  line  of  the  property  known  as  Pied- 
mont Park,  and  thence  following  the  outer  limit  of  the  line  of  Pied- 
mont Park  property  to  the  main  track  of  the  Southern  Railway  Com- 
pany, formerly  the  Atlanta  and  Charlotte  Air  Line  Eailway  Com- 
pany; and  thence  along  the  center  of  said  main  track  in  a  southerly 
direction  to  where  said  main  track  intersects  the  corporate  limits  of 
said  city,  on  the  eastern  boundary  of  said  limits.     Also  the  tracks  of 
the  Collins  Park  and  Belt  Railroad  Company  and  the  space  of  fifty 
comns  pfrk'    ^^®^  °^  ^^^^^  ^^^^  o^  ^^^^  *^^ck  all  the  way  from  the  western  limits  of 
and  Belt  Ry.   ^he  City  of  Atlanta  to  the  terminus  of  the  track  of  said  company  on 
1S94.  the  Chattahoochee  river,  including   also  the  pleasure  resort  at  said  ter- 

minus.'    Also  the  lands  now  or  hereafter  purchased  and  belonging  to 
the  City  of  Atlanta  known  as  the  new  waterworks  site  and  grounds,  in- 
New  water-      cluding  all  lands  now  or  hereafter  to  be  owned  by  the  city,  in  which 
rnd^mataT"*^^  ^^act  is  the  pumping-station  at  the  Chattahoochee  river,  and  all  the 
1893  lands  belonging  to  said  city  at  and  around  what  is  known  as  the  inner 

reservoir,  filter,  or  pumping  plant;  including  also  a  strip  of  ground 
along  Hemphill  avenue  and  Chattahoochee  avenue,  and  three  hundred 
(300)  yards  on  each  side  of  said  roads,  and  for  a  distance  three  hun- 
dred (300)  yards  all  around  and  on  all  sides  of  said  inner  reservoir 
and  pumping-station,  from  the  present  limits  of  the  City  of  Atlanta  to 
East  iiaif  land  ^^^  Chattahoochec  river  at  the  pumping-station.'  Also  the  east  one- 
^°^  ^^-  half  of  land  lot  151,  in  the  17th  district  of  Fulton  county."     Also 

1893.  ninety-two  (92)  acres  more  or  less  of  land  belonging  to  the  City  of 

Atlanta  in  land  lots  one  hundred  and  thirteen  (113),  one  hundred  and 
fourteen  (114),  one  hundred  and  fifteen  (115),  and  one  hundred  and 


1  See   Act  December  23d,    1894. 

2  See   Act   December   19th,    1893. 
8   See   Act   December   19th,   1893. 


Acts  of  Incorporation. 


forty-three  (143)  in  the  14th  district  of  originally  Henry,  now  Fulton 
county,  Georgia,  said  lands  being  those  now  known  as  the  sanitary  samury 
dumping-grounds  of  the  City  of  Atlanta,  and  also  the  land  lying  be-  >^^;;^f^  ^^^ 
tween  said  dumping-grounds  and  the  corporate  limits  of  the  City  of  1*^^=^- 
Atlanta  and  the  roads  or  streets  leading  from  the  City  of  Atlanta  to 
said  dumping-grounds,  and  especialy  the  roads  known  as  Bellwood 
avenue,  the  extension  of  Simpson  street,  the  extension  of  West  Hunter 
street,  the  extension  of  Ashby  street  and  Mason's  and  Turner's  Ferry 
road,  and  also  any  other  roads  now  existing,  or  which  may  be  opened, 
leading  from  the  City  of  Atlanta  to  said  dumping-grounds. 


CHAPTER  II. 


Section. 

23.  No  vote  unless  a  tie — veto  power — exer- 
cised by  the  Mayor  pro  tern.,  when— pro- 
viso— Georgia   Western   Railroad. 

24.  Presides,    when. 

25.  Provisional   Mayor   pro   tem. 

26.  Oath  of  office  —  ex-officio  member  of 
boards. 

27.  Mayor  swears  in  Aldermen  and  Council- 
men. 


Section. 

19.  Mayor  elected  bi-ennially— holds  until 
successor  is  elected  and  qualified — va- 
cancy—how filled — election— how  man- 
aged.    Mayor    pro    tem.    acts,    when. 

20.  Ineligible  for  succeeding  term — chief 
executive  duties — salary — may  convene  in 
extra  session. 

21.  May  hold  Mayor's  Court— may  impose 
penalties. 

22.  Justice  of  the  Peace  for  certain  purposes. 

Section  19.     There  shall  be  elected  at  the  next  annual  election, 
first  Wednesday  in  December,  1874,  and  biennially  thereafter,  a  Mayor, 
who  shall  hold  his  office  for  two  years.     The  Mayor,  in  all  cases,  shall  Mayor  elected 
hold  his  office  until  his  successor  is  elected  and  qualified;  and  in  the 
event  that  the  office  of  Mayor  shall  become  vacant  by  death,  resigna- 
tion, removal  or  otherwise,  the  Mayor  pro  tem.,  or  in  case  his  seat  is 
vacant,  a  majority  of  the  General  Council  shall  order  a  new  election,  by 
giving  at  least  ten  days'  notice  in  any  one  or  more  of  the  city  papers, 
or  at  two  of  the  most  public  places  in  said  city,  and  said  election,  so 
held,  shall  be  managed  in  the  same  manner  as  the  elections  to  be  held 
in  chief,  according  to  the  provisions  of  this  Charter ;  provided^  how-  vacancies, 
ever,  if  the  office  of  Mayor  shall  become  vacant  at  any  time  within  three 
months  of  the  expiration  of  his  term  of  office,  the  Mayor  pro  tem.  Mayor  pro  tem 
shall  act  as  Mayor  during  the  balance  of  said  term,  and  exercise  all  the  ^ 
rights  and  powers  of  Mayor  during  said  term. 

Sec.  20.     That  he  shall  be  ineligible  for  the  succeeding  term.     He 
shall  be  chief  executive  of  said  city.     He  shall  see  that  all  the  laws  and  succeeding 
ordinances  of  the  city  are  faithfully  executed ;  shall  examine  and  audit 
all  accounts  against  the  city  before  payment ;  shall  have  a  salary,  ade-  salary,  when 
quate,  to  be  fixed  by  the  General  Council  [of  the  year]  preceding  his 
election,  which  shall  not  be  changed  during  his  term  of  office.     He 
shall  have  power  to  convene  the  General  Council  in  extra  session  when-  Extra  session. 
ever,  in  his  judgment,  the  exigencies  of  the  case  may  require  it. 


10  Part  I. — Charter. 


A   Justice   of 
the   Peace. 


No  vote  unless 


Sec.  21.  That  the  Mayor,  or  in  his  absence,  the  Mayor  pro  tern., 
shall  have  full  power  and  authority  to  hold,  at  such  times  and  places, 
and  under  such  rules  and  regulations  as  may  be  prescribed  by  ordi- 
nances, a  Mayors  Court  for  said  city  for  the  trial  of  offenders  against 
the  ordinances  of  said  city,  and  impose  such  penalties  for  violation 
thereof  as  may  be  prescribed  by  ordinance,  not  exceeding  five  hundred 
dollars  and  imprisonment,  or  labor  on  public  works  for  thirty  days  for 
each  offense.  The  like  authority  may  be  conferred  upon  any  one 
member  of  the  General  Council,  to  be  regulated  by  ordinance.' 

Sec.  23.  That  the  said  Mayor  shall  be,  to  all  intents  and  purposes, 
a  Justice  of  the  Peace,  so  far  as  to  enable  him  to  issue  warrants  for  of- 
fenses committed  within  the  corporate  limits  of  said  city,  which  war- 
rants shall  be  executed  by  the  Marshal  or  Chief  of  Police ;  and  commit 
to  the  jail  of  the  County  of  Fulton,  or  to  admit  to  bail  offenders,  for 
their  appearance  at  the  next  Superior  Court  thereafter,  for  the  County 
of  Fulton;  and  it  shall  be  the  duty  of  the  jailer  of  the  County  of  Ful- 
ton to  receive  all  such  persons  so  committed,  and  safely  to  keep  the 
same  until  discharged  by  due  course  of  law. 

Sec.  23.     That  he  shall  have  no  vote  except  in  case  of  a  tie.     He 
shall  have  the  revision  of  all  ordinances,  orders  and  resolutions  passed 
a  tie.  ]yy  i]^Q  General  Council;  and  the  said  Mayor,  or  in  his  absence  the 

^^^-  Mayor  pro  tem.,  shall  have  four  days  after  the  meeting  at  Mdiich  the 

General  Council  voted,  or  after  the  Board  of  Aldermen  voted  thereon, 
Veto  Power.  ^^  which  to  file  with  the  Clerk,  in  writing,  his  approval  or  veto ;  and 
1885.  ^®  shall  within  such  four  days  approve  or  veto  such  orders,  ordinances 

or  resolutions;"  but  the  General  Council  may,  in  the  manner  pre- 
scribed by  this  Charter  for  voting  on  such  questions,  pass  the  said  or- 
der, ordinance  or  resolution,  notwithstanding  the  veto,  by  vote  of  two- 
thirds,  to  be  taken  by  yeas  and  nays,  and  entered  on  the  minutes.  In 
the  absence  of  the  Mayor  this  power  may  be  exercised  by  the  presiding 
officer  for  the  time  being ;  provided,  such  veto  power  shall  not  be  used 
to  prevent  the  Mayor  and  General  Council  by  a  majority  vote,  hereto- 
fore practiced,  from  submitting  to  a  vote  of  the  people  the  question  of 
further  aid  to  the  Georgia  Western  Eailroad,  as  now  authorized  by  law, 
nor  to  prevent  the  will  of  said  city,  as  the  same  may  be  expressed  at 
said  election  from  being  carried  out.' 

Sec.  24.     At  the  first  meeting  in  January  of  each  year  the  Mayor 

shall  preside  over  the  General  Council  and  administer  the  oath  to  the 

siderarflrst    newly  elected  members,  and  announce  the  standing  committees  for  the 

couneif  and  at  J^ar ;  and  then  the  General  Council  shall  proceed  to  the  election  of  a 

elections.  Mayor  pro  tern.     The  ]\Iayor  shall  also  preside  at  the  sessions  of  the 

General  Council  during  the  election  of  officers.     The  Mayor  and  ^layor 

pro  tern.,  when  presiding  respectively  over  the  General  Council,  Board 


1  Formerly  3   members   of   Council. 

2  1889. 

8  Veto  power   does   not  cover  the   election   of  officers.         See  Act  September  4th,   188!). 


Acts  of  Incorporation.  11 


of  Aldermen  and  Board  of  Councilmen,  as  above  provided,  shall  have  y^^^^^  ^^^^ 
no  vote  except  in  case  of  a  tie/    The  Mayor  shall  be  ex  officio  a  member 
of  the  Board  of  Police  Commissioners,  Water  Commissioners,   and 
Board  of  Health.^  ' 

Sec.  25.     That  whenever  it  shall  so  happen  that  both  the  Mayor  and 
Mayor  jjro  tern,  shall  be  absent,  or  under  disability,  or  in  case  both  of  Ma7or'p"ro  tem 
said  offices  should  be  for  any  cause  vacant,  then,  and  in  that  case,  the  what^circum- 
Clerk  shall  call  a  special  meeting  of  the  General  Council  for  the  pur-  ^t^"^^^- 
pose  of  considering  same;  and  if,  upon  assembling,  that  body  shall,  by 
resolution,  declare  that  said  absejice,  disability,  or  vacancy  exists,  then 
they  shall  immediately  proceed  to  elect  another  Mayor  pro  tem.,  who 
shall  succeed  to  and  exercise  all  the  powers  and  duties  of  a  Chief  Ex- 
ecutive of  said  city,  until  the  Mayor  or  previously  chosen  Mayor  pro 
tem.  shall  be  in  condition  to  resume,  and  does  resume,  the  duties,  or 
until  the  existing  vacancy  or  vacancies,  as  the  case  may  be,  shall  be 
filled  in  the  manner  pointed  out  by  law. 

Sec.  26.  Before  entering  on  the  discharge  of  the  duties  of  his  of- 
fice the  Mayor  shall  take  and  subscribe  before  some  Judge  of  the  Su- 
perior Court  or  Justice  of  the  Peace,  the  following  oath:  "I  swear 
that  I  will  faithfully  and  impartially  demean  myself  as  Mayor  during  Mayor's  oath, 
my  continuance  in  office.  I  have  not,  in  order  to  influence  my  election  ^ggg 
to  this  office,  directly  or  indirectly,  expressly  or  impliedly,  promised 
my  vote  or  support  to  any  person  for  any  office  in  the  city  government 
of  Atlanta,  nor  for  any  other  office.  I  will  not  knowingly  permit  my 
vote  in  the  election  or  appointnlent  of  any  person  to  a  position  in  the 
city  government  to  be  influenced  by  fear,  favor  or  atfection,  reward  or 
hope  thereof,  but  in  all  things  pertaining  to  my  said  office,  I  will  be 
governed  by  what  is  my  conviction  for  the  public  good." 

Sec.  27.     The  Mayor  after  being  so  qualified  shall  have  full  power 
and  authority  to  administer  the  same  oath  of  office  to  each  member  of  j^e^n*"  ^nd  colTn- 
the  General  Council.*     Any  person  found  guilty  of  violating  any  of  oilmen, 
the  provisions  of  the  above  oath,  upon  a  fair  and  impartial  trial  before  Mayor  admin- 
the  Mayor  and  General  Council  of  said  city,  shall  be  forthwith  expelled  '*'^'^'"^' 
from  office  and  forever  disqualified  thereafter  from  holding  any  posi-^^^^' 
tion  of  honor,  trust  or  emolument  connected  with  the  city  government 
of  Atlanta.^ 


1  See  Act  September  4, 1889. 

2  See  Act  September  4. 1889,  and  October  5. 1885. 

^  Also    under    ordinances    ex-officio    member  Board     of     Education     and     Trustees     Grady 
Hospital. 

4  See   Act  December   19th,   1893. 

5  See  Act  December  19th,   1893. 


12 


Part  I. — Charter. 


CHAPTER  III. 


LEGISLATIVE  DEPARTMENT. 


Section. 

28.  Legislative  department— in  whom  vest- 
ed— meet    and   act.    how. 

29.  Seven  wards — Councilmen,  election  of — 
ineligible  for  second  term. 

30.  Aldermen  —  election  —  term — ^vacancy — 
ineligible  for  succeeding  term  —  Mayor 
pro   tem. — compensation. 

31.  Two  Boards  act  separately,  when — joint- 
ly,  when — yeas  and  nays — quorum. 

32.  Regular  sessions — when  held. 

33.  Powers  of  Mayor  and  General   Council. 

34.  May  supervise  cemeteries. 

35.  New  cemeteries. 

36.  May  require  fire  escapes. 

37.  May   pass  penal   ordinances. 

38.  Ordinances — how   passed. 

39.  May  require  railroads  to  build  bridges. 

40.  Additional  powers  as  to  sewers  and 
drains. 


Section. 

41.  Assessments    for    sewers     and    drains    and 
requisites  of  proceedings. 

42.  Connections   regulated. 

43.  Right    of    way    through    private    proper- 
ty— assessments^damages. 

44.  Seventy-five     feet     exemption     for  second 
sewer  in  case  of  corner  lots. 

45.  Lien  of  assessment. 

46.  Sewers   must    be   ordered    by   ordinance — 
notice. 

47.  Assessments     due    contractors — how     col- 
lected. 

48.  Public   meetings    in   streets   regulated. 

49.  Location  of  livery  stables. 

50.  Regulate  charges  of  hacks. 

51.  Aldermen     and     Councilmen — Justices     of 
the   Peace. 

52.  Shall  not  contract  with  city,   etc. 

53.  Hold    till    successor    is    qualified — vacan- 
cies. 


Legislative 
department- 
in  whom 
vested. 

1874. 


Meet  and  act- 
how. 


Five  wards  in 

1874. 


Sixth  ward 
created  and 
defined. 


Taken  from 
original 
Fourth    and 
Fifth    wards. 


Seventh    ward 
consists   of 
West  End. 


Section  28.  The  legislative  department  of  said  city  shall  be  vested 
in  a  Mayor  and  Board  of  Aldermen  and  Board  of  Councilmen.  The 
Mayor  and  Boacd  of  Councilmen  shall  be  styled  the  Mayor  and  Coun- 
cil ;  and  the  Mayor  and  Board  of  Councilmen  meeting  with  the  Board 
of  Aldermen,  or  acting  and  meeting  on  separate  days,  but  on  any 
matter  requiring  the  concurrent  or  separate  action  of  both  the  Board 
of  the  Councilmen  and  Board  of  Aldermen,  shall  be  styled  the  Mayor 
and  General  Council.  The  said  Board  of  Aldermen  shall  not  be  re- 
quired to  meet  or  act  as  a  separate  Board  on  any  matters  in  said 
city,  except  as  hereafter  provided. 

Sec.  29.  The  city  as  incorporated  in  187-i  shall  be  laid  off  into 
five  wards  by  the  present  Council ;  said  wards  are  to  be  as  nearly  equal 
as  practicable  considering  population  and  territory. 

The  Sixth  ward  shall  be  bounded  as  follows :  Commencing  at  the 
point  where  Butler  street  crosses  the  Georgia  Railroad  and  running 
along  North  Butler  street  to  North  avenue,  thence  along  North  avenue 
to  Myrtle  street,  thence  along  Myrtle  street  to  the  corporation  line, 
thence  around  the  corporation  line  in  a  westwardly  direction  to  a  street 
known  as  Apple  street  (in  Peters'  subdivision),  thence  along  Apple 
street  to  Williams  street,  thence  along  Williams  street  to  West  Cain 
street,  thence  along  West  Cain  street  to  James  street,  thence  along 
James  street  to  Forsyth  street,  thence  along  Forsyth  street  to  the 
Western  and  Atlantic  Railroad.'  The  Seventh  ward  includes  all  the 
corporate  limits  of  the  former  City  of  West  End."  Two  Councilmen 
shall  be  elected  for  each  ward  (except  the  Seventh,  which  shall  liave 


Act  December  20th, 
Act  September  13th, 


Acts  of  Incorporation.  13 


only  one,  for  five  years  from  date  of  annexation  unless  it  sooner  has 
a  population  of  five  thousand')  at  the  next  annual  election,  by  voters 
qualified  to  vote  for  the  members  of  the  General  Assembly.  One  to  be 
elected  for  one  year,  the  other  for  two  years,  and  at  all  subsquent 
elections,  except  to  fill  vacancies,  the  Councilmen  shall  be  elected  for 
two  years.  The  election  shall  be  annual,  so  that  one-half  shall  go  out 
every  year.     They  shall  be  ineligible  for  the  succeeding  term." 

Sec.  30.     There  shall  be  six  Aldermen  for  the  city  at  large,  and 
and  at  all  elections,  except  to  fill  vacancies,  two  Aldermen  shall  he^^^^^^  °^  ^^' 
elected  for  three  years,  so  that  one-third  of  the  Aldermen  for  the  city 
at  large  shall  go  out  every  year  and  shall  be  ineligible  for  the  succeed- 
ing term.' 

The  Councilmen  representing  the  different  wards  and  the  Alder- 
men representing  the  city  at  large,  shall  constitute  the  General  Council 
of  said  city  and  shall  have  the  powers  heretofore  given  the  Mayor  and 
Council  and  by  this  Act  vested  in  the  Mayor  and  General  Council  of 
said  city.  They  shall  be  elected  by  general  ticket  and  shall  have  an- 
nual salaries  of  three  hundred  dollars  each  (except  that  those  in 
office  on  the  23d  day  of  December,  1896,  shall  receive  salaries  fixed  be- 
fore their  elections  respectively*).  Said  compensation  shall  not  be 
changed  during  the  term  for  which  he  or  they  are  elected. 

Sec.  31.     In  all  votes,  resolutions  or  ordinances  having  for  their 
object  the  increase  of  the  indebtedness  of  the  city,  or  the  expenditure  of^'^AidMuTen? 
of  its  revenue,  except  appropriations  for  the  payment  of  its  salaried  "'^^°' 
officers,'  the  Councilmen  representing  the  different  wards,  and  the  Al-  ^^'*' 
dermen  representing  the  city  at  large,  shall  act  as  separate  and  dis- 
tinct legislative  bodies;  and  no  vote,  resolution  or  ordinance  having 
for  its  object  the  increase  of  the  indebtedness  of  the  city,  or  the  expend-  debt^^^*^  °^ 
iture  of  its  moneys,  or  authorizing  the  sale  of  any  part  of  the  public  Expenditure 
property  of  the  city,  or  the  granting  of  franchises  for  street  railroads  °^  ^°^^y- 
or  railways,  or  telephone  companies,  or  telegraph  companies,  or  elec-  property!"" 
trie  or  gas  companies,  or  any  other  similar  franchise  where  the  streets  Granting 
or  public  alleys  are  to  be  used  for  any  purpose  in  the  prosecution  of  the  ^^^°  '^^^' 
business  of  the  company  seeking  the  franchise,  shall  be  voted  until  the    ^^'     ' 
same  shall  have  received  a  majority  of  the  votes  of  each  of  those  legis- 
lative bodies,  separately  cast.     The  Aldermen  shall  have  no  vote  upon 
such  questions,  when  originally  presented  and  voted  on  by  the  Council- 
men,  as  aforesaid,  but  shall  meet  as  a  separate  body  and  vote  on  the 
same.     When  any  such  vote  or  resolution  is  passed,  any  one  Alder-  Action  deiay- 
man,  or  any  two  Councilmen,  may  give  notice  of  a.  motion  to  recon-  motion"°to*^re" 
sider,  which  motion,  in  either  case,  shall  operate  to  delay  the  question  '^""*'  '^^' 
until  said  reconsideration  can  be  acted  on  at  the  next  regular  meeting : 


1  See  Act  December  20th,   1893. 

2  Councilmen  not  ineligible  for  Aldermen,  and  vice   versa.      See  Act   December 

*  Councilmen  not  ineligible  for  Aldermen,  and  vice  versa.   See  Act  December  23 

*  See  Act  Decmher  23.  18%. 

5  In  fixing  salaries  Aldermen  vote  saparately. 


14 


Part  I. — Charter. 


Teas  and  nays 
called  by  any 
member. 


Quorum. 


Regular  ses 
sion,  when 
held. 


Legislative 
powers  of 
Mayor    and 
General   Coun- 
cil. 


the  meeting  of  said  Aldermen  to  be  presided  over  by  the  Mayor  or 
Mayor  pro  tern.,  and  the  City  Clerk  shall  keep  minutes  as  in  meeting 
of  the  General  Council,  and  the  Mayor  or  Mayor  pro  tern,  presiding  in 
either  body  shall  have  no  vote,  except  in  case  of  a  tie.  In  all  other 
matters  they  shall  act  as  a  joint  board.  Each  member  of  the  General 
Council  shall  have  the  right  to  call  for  the  yeas  and  nays,  and  have  the 
same  recorded  on  the  minutes  in  all  cases,  whether  sitting  in  General 
Council  or  as  separate  bodies.  Eight  shall  constitute  a  quorum  of 
General  Council  for  the  transaction  of  business;  a  majority  of  either 
body  acting  separately,  shall  be  a  quorum  of  the  same ;  but  in  all  cases 
a  less  number  may  adjourn  from  time  to  time,  and  compel  the  attend- 
ance of  the  absentees. 

Sec.  32.  The  regular  session  of  the  Mayor  and  General  Council 
shall  be  held  on  the  first  and  third  jMonday  in  each  month,  and  con- 
tinue from  day  to  day,  in  their  discretion. 

Sec.  33.  The  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  pass  all  by-laws  and  ordinances  respecting  pub- 
lic buildings  and  grounds,  workhouses,  public  houses,  carriages,  wag- 
ons, carts,  drays,  pumps,  wells,  springs,  fire-engines,  care  of  the  poor, 
suppression  of  disorderly  houses,  houses  of  ill  fame,  for  the  prevention 
and  punishment  of  disorderly  conduct  and  conduct  liable  to  disturb 
the  peace  and  tranquility  of  any  citizen  or  citizens  thereof,  and  every 
other  by-law,  regulation  and  ordinance  that  may  seem  to  them  proper 
for  the  security  of  the  peace,  health,  order  and  good  government  of 
said  city. 

Sec.  34.  The  Mayor  and  General  Council  of  said  city  sliall  have 
power  to  exercise  reasonable  supervision  and  police  control  over  all 
cemeteries  contiguous  to  the  city,  and  used  by  the  citizens  for  inter- 
ment, whether  located  within  the  city  limits  or  not,  so  as  to  allow  no 
burial  within  the  same  without  a  permit  from  said  city  authorities. 

Sec.  35.  N'o  new  cemetery  shall  be  opened  or  used  which  is  within 
four  (4)  miles  of  the  center  of  said  city,  and  any  person  or  persons, 
company  or  corporation,  or  agent  of  any  such  company  or  corporation, 
who  shall  open  or  use  any  such  new  cemetery  within  four  (4)  miles  of 
the  center  of  said  city,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  for  each  offense  be  fined  not  exceeding  one  thous- 
and ($1,000)  dollars,  or  imprisonment  not  exceeding  twelve  (12) 
months,  one  or  both,  in  the  discretion  of  the  court ;  and  any  attempt 
to  open  or  use  any  such  new  cemetery  within  four  (4)  miles  of  said 
city,  shall  also  be  subject  to  be  enjoined  by  the  Superior  Court  under 
penalty. 

Sec.  36.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
are  hereby  authorized  and  empowered  whenever,  in  their  judgment,  the 
same  is  necessary  for  the  safety  and  protection  of  human  life,  to  require 
the  owner,  agent,  lessee  or  tenant  in  possession  of  any  building  in  said 
city,  to  place  thereon  fire-escapes  of  such  character  and  material  as  may 


1874. 


General  wel- 
fare clause. 


Supervision 
over    contigu- 
ous cemeter- 


New   cemeter- 
ies,   not  be 
within   4   miles 


Fire   escapes 
may  be 
required. 


Acts  of  Incorporation.  15 


be  by  said  Mayor  and  General  Council  deemed  requisite.  After  notice 
to  place  fire-escapes  on  any  building,  and  failure  within  the  time  speci- 
fied to  place  the  same,  the  owner,  agent,  lessee  or  tenant  in  possession, 
who  shall  have  been  served  with  such  notice,  shall  be  subject  to  a  fine 
or  imprisonment,  or  both,  as  provided  by  the  Charter  of  said  city  and 
ordinance  passed  in  pursuance  thereof.  Said  Mayor  and  General 
Council  shall  have  power  to  prescribe  by  ordinance  for  the  regulation  of 
the  placing  of  fire-escapes  on  buildings  in  said  city  requiring  the  same, 
as  to  notice,  time  within  which  to  place  the  same  after  notice,  and 
otherwise.' 

Sec.  37.     The  said  Mayor  and  General  Council   shall   have  power 
and  authortiy  to  prescribe,  by  ordinance,  adequate  penalties  for  all  of-  pe'Jfai  ^o?di- 
fenses  against  the  ordinances  of  said  city,  and  to  punish  ofl'enders  by  "'^"c^^- 
fines,  not  exceeding  five  hundred  dollars,  and  imprisonment  in  the  cal- 1^"*- 
aboose,  not  exceeding  thirty  days,  for  each  offense ;  to  enforce  the  pay- 
ment of  fines,  by  compelling  offenders  and  those  who  fail  or  refuse  to  pj„g_   j^p^ig. 
pay  said  fines,  to  work  on  the  streets  or  public  works  of  said  city.  °Xr*  ^""^ 
They  shall  have  power  to  compel  offenders,  sentenced  to  imprisonment 
in  the  calaboose,  as  aforesaid,  to  labor  on  the  public  works  or  streets, 
to  be  regulated  by  ordinance. 

Sec.  38.     All  ordinances  requiring  action  by  the  Mayor  and  General 
Council  in  joint  session  shall  undergo  one  reading,  each  at  two  differ- 
ent regular,  or  special,  or  called  meetings,  or  at  one  regular  and  one  J^ea1i"ft'''two 
called  meeting,  before  adoption,  except  that  by  a  two-thirds  vote  of  the  "^^*'pa!sed"to 
members  present,  an  ordinance  may  be  read  twice  at  the  same  regular,  ?^^°'^*J  ^^^" 
called  or  special  meeting,  and  adopted.     All  ordinances  requiring  ac-  ^^^^^""^  ^^  "'^ 
tion  by  the  Mayor  and  Council  and  Board  of  Aldermen  separately,  ^ggg 
shall  undergo  one  reading  each,  at  two  different  regular  or  special  or 
called  meetings  of  the  Mayor  and  Council,  or  at  one  regular  and  one 
called  meeting,  before  adoption,  except  that  by  a  two-thirds  vote  of  the 
members  thereof  present,  an  ordinance  may  be  read  twice  at  the  same 
regular,  called  or  special  meeting,  and  adopted.     An  ordinance  re- 
quiring separate  action  and  concurrence  by  the  Board  of  Aldermen 
shall  undergo  such  reading  only  in  said  board  as  said  board  may  by 
rule  prescribe. 

Sec.  39.     The  Mayor  and  General  Council  of  said    City    of  At- 
lanta are  hereby  authorized  and  empowered  to  require  all  railroads  and  J^aViroad  '"^'^°^ 
railroad  companies  to  erect  suitable  bridges  across  their  tracks  and*""^*^^*' 
road-beds,  where  the  same  cross  the  public  streets  of  said  city,  in  all  ^^^"      - 
cases  in  which  said  Mayor  and  General  Council  shall  declare  the  same 
necessary  for  the  protection  of  human  life.    It  shall  also  be  the  duty  of 
railroads  or  railroad  companies  having  bridges  erected,  or  when  they 
may  hereafter  erect  bridges  across  their  tracks  and  road-beds,  where 
the  same  cross  the  public  streets  of  said  city,  to  keep  said  bridges  and 
the  approaches  thereto,  and  the  foundations  and  pillars  and  supports 

1  See  Act  September  4th,  1889. 


16 


Part  I. — Charter. 


Ordered,   when, 


Built    by    city. 
at    expense    of 
railroads, 
when. 


thereof,  in  safe  condition,  and  so  as  to  admit  of  comfortable  travel  on 
any  such  street.  Said  Mayor  and  General  Council  shall  have  the  au- 
thority to  regulate  the  building  and  repair  of  such  bridges,  in  so  far  as 
to  declare  the  general  character  of  such  bridges  or  repairs,  suitable  to 
be  made,  and  to  provide  for  the  drainage,  light  and  comfort  of  said 
bridge  and  the  street  adjacent  thereto  or  thereunder,  and  to  provide 
for  the  least  obstruction  by  supports  and  otherwise  of  any  portion  of 
the  street,  practical  and  consistent  with  safety.  In  case  of  the  failure 
of  any  railroad  or  railroad  company,  after  reasonable  notice  to  do  so, 
to  build  or  repair  a  bridge  or  the  approaches  thereto  or  otherwise,  as 
provided  above,  said  Mayor  and  General  Council  shall  have  the  author- 
ity to  do  such  building,  repairing  or  putting  in  safe  and  comfqrtable 
condition,  at  the  expense,  with  interest  and  cost,  of  such  railroad  or 
railroad  company,  for  which  execution  may  issue,  as  other  executions 
are  issued  by  said  city,  and  be  levied  on  any  property  of  such  railroad 
or  railroad  company ;  and  such  execution  shall  bear  interest  at  the  rate 
of  seven  per  cent,  per  annum.  Provided,  That  nothing  in  this  section 
contained  shall  require  railroads  and  railroad  companies  to  build 
bridges  otherwise  than  is  required  by  the  general  laws  of  this  State,  or 
the  charters  of  such  railroad  companies,  respectively,  except  in  all  cases 
in  which  a  public  street  was  in  existence  before  the  tracks  and  road- , 
beds  of  any  such  railroad  or  railroad  companies  were  laid  or  placed 
across  any  such  public  streets. 

Sec.  40.  The  Mayor  and  General  Council  of  said  city  shall  be 
authorized  to  provide  by  order,  resolution  or  ordinance  of  that  body, 
from  time  to  time,  for  the  adoption  and  enforcement  of  additional  and 
suitable  regulations  in  said  city,  such  as  may  be  needful  and  proper  on 
the  subject  of  drainage,  sewerage,  plumbing,  and  all  that  is  or  may  be 
needful  for  improved  sanitation,  and  to  provide  agencies  and  means 
for  carrying  out  and  enforcement  of  the  same  through  its  officers,  or 
any  of  its  boards,  and  to  make  all  necessary  inspections,  to  withhold 
authority  and  license  for  plumbing  to  any  but  competent  persons,  and 
to  do  all  else  that  is  or  may  be  needful  to  require  compliance  by  indi- 
viduals with  the  rules  thus  adopted,  and  shall  have  power  to  make  al- 
terations and  amendments  thereto,  as  from  time  to  time  may  be 
needed.' 

Said  Mayor  and  General  Council  shall  have  full  power  and  authority 
to  lay  down  sewers  and  drains  in  said  city,  and  assess  the  amount  of 
the  cost  of  laying  and  constructing  the  same  upon  the  real  estate 
abutting  on  streets  through  and  along  which  sewers  and  drains  may  be 
placed  and  constructed,  and  upon  any  real  estate  through  or  upon 
which  the  same  may  be  constructed  or  placed.  All  work  of  laying 
down  or  constructing  sewers  or  drains  shall  be  done  under  the  direc- 
tion and  supervision  of  the  Commissioner  of  Public  Works.  The  City 
Engineer  shall  furnish  to  said  Board  information  and  advice  as  to  the 


Additional 
powers   to 
drainage,   sew- 
erage and 
plumbing. 


Act  December  24,  1886. 


Acts  of  Incorporation.  17 


assessments. 


necessities  of  any  particular  locality  for  sewerage,  the  kind  of  sewerage 
that  may  be  desirable,  with  estimates  of  the  cost  of  the  same,  and  shall 
furnish  plans  and  profiles  and  such  other  like  work  as  may  be  necessary 
and  proper.  Amounts  of  assessments  ©n  real  estate  for  constructing 
sewers  may  be  collected  by  execution,  levy  and  sale,  as  in  street  assess- 
ments. 

Said  Mayor  and  General  Council  are  hereby  authorized  to  construct  „ 

•^  ■  ,  May   lay   sew- 

and  lay  down  sewers  through  property  in  said  city :     Provided,  that  ''/^f^^^™"!^  . 
before  doing  so,  any  damage  done  to  private  property  thereby  shall  be  erty. 
ascertained  and  paid.     In  order  to  ascertain  the  amount  thereof,  as-  Act  of  i889. 
sessors  shall  be  appointed,  who  shall  act  and  report  as  in  cases  of 
opening  streets  in  said  city,  and  from  whose  award  either  party  may 
appeal  to  the  Superior  Court  of  Fulton  County  within  four  days. 

Sec.  41.  In  all  cases  where  a  sewer  shall  be  laid  by  or  under  the  ^^^  ^^  ^^^ 
authority  of  said  city  in  any  street,  the  sum  of  seventy  cents  per  lineal 
foot  shall  be  assessed  upon  the  property  and  estates  respectively  abut-  sewer^ 
ting  on  said  sewer,  on  each  side  of  said  street  in  which  said  sewer  is 
laid  or  constructed,  and  in  consideration  of  the  payment  of  said  assess- 
ment the  owners  of  said  estates  shall  have  the  right  to  connect  their 
drains  from  said  abutting  property  for  the  discharge  of  sewerage  into 
said  sewer;  and  in  case  any  such  sewer  is  laid  down  or  constructed 
through  or  over  any  private  property,  along  the  course  of  any  natural 
drain  or  otherwise,  a  like  sum  of  seventy  cents^  shall  be  assessed  upon 
such  property  abutting  upon  each .  side  of  said  sewer  for  every 
lineal  foot,  making  in  all  one  dollar  and  forty  cents  for  every  lineal 
foot  to  be  assessed  upon  such  property  through  which  the  sewers  are 
constructed  as  aforesaid,  and  in  consideration  of  the  payment  of  said 
assessment,  the  owners  of  said  estates  respectively  on  each  side  of  said 
sewer,  through  or  over  which  such  sewer  may  be  constructed,  shall  have 
the  right  to  connect  their  drains  from  said  abutting  property  for  the 
discharge  of  sewerage  into  said  sewer.  The  extent  and  character, 
material  used,  and  expense  of  sewers  constructed,  as  well  as  the  time 
and  manner  of  constructing  the  same,  shall  be  in  the  discretion  of  the 
Mayor  and  General  Council  of  said  city,  and  to  be  prescribed  from  time 
to  time  by  ordinances,  and  upon  like  notice  and  in  the  same  manner, 
and  the  assessments  laid  and  enforced  by  execution,  levy,  sale,  or  other- 
wise, as  in  case  of  ordinances  and  assessments  for  the  paving  of 
streets  in  said  city,  except  that  sewers  hereby  authorized  may  be  con- 
structed with  or  without  petition  by  property  owners,  where,  in  the 
judgment  and  discretion  of  the  Mayor  and  General  Council,  the  public 
health  and  good  of  the  city  shall  require.  The  remaining  cost  of  all 
sewers  not  thus  assessed  shall  be  paid  by  said  city  out  of  the.^sewer 
appropriations  for  the  year;  provided,  that  the  defendant  shall  have  Jj^'^^i^^'j^^^. ''^ 
the  right  to  file  an  aflfidavit  denying  the  whole  or  any  part  of  the 
amount  for  which  the  execution  issued  is  due,  and  stating  what  amount 


Reduced  from  90  to  70  cents  by  Act  of  1897. 
(2) 


18 


Part  I. — Charter. 


Connections, 
making  of, 
may  be 
regulated. 

Act    of  1889. 


he  admits  to  be  due,  which  amount  so  admitted  to  be  due  shall  be  paid 
or  collected  before  the  affidavit  is  received,  and  the  affidavit  received 
for  the  balance ;  and  all  such  affidavits  so  received  shall  be  returned  to 
the  Superior  Court  of  Fulton  County,  and  there  tried  and  the  issue  de- 
termined as  in  cases  of  illegality,  subject  to  all  the  pains  and  penalties 
provided  in  cases  of  illegality  for  delay." 

Sec.  42.  For  the  preservation  of  all  sewers  in  said  city  for  the  pub- 
lic use  and  easements  aforesaid,  the  said  Mayor  and  General  Council 
shall  have  the  authority  to  direct  and  control  the  time  and  manner  in 
which  connections  shall  be  made  with  such  sewers,  and  by  whom  the 
work  is  to  be  done,  and  upon  what  terms  and  conditions,  and  at  what 
point  and  to  what  extent  surface-water  or  drainage  shall  be  permitted 
to  flow  into  sewers,  and  generally  all  matters  relating  to  the  uses  and 
control  and  repairs  of"  sewers  and  sewer  connections,  and  replacing  of 
paving  and  other  adjacent  structures  in  good  condition  shall  be  at  all 
times  under  the  regulation  and  control  of  the  said  Mayor  and  General 
Council  in  its  fair  and  legal  discretion. 

Sec.  43.  In  case  of  any  sewer  or  sewers,  or  parts  of  the  same,  being 
built  or  laid  over  or  through  private  property,  if  the  owner  of  such 
property  claim  damages  for  the  occupation  of  said  lands  by  such  sewer 
and  construction  of  the  same  thereon,  give  notice  of  such  claim,  but  a 
failure  to  give  such  notice  shall  in  no  wise  affect  or  prejudice  the  right 
of  such  owner  to  bring  suit  for  damages  sustained.  But  upon  giving 
notice  of  such  claim  for  damages  as  aforesaid,  then  assessors  shall  be 
appointed  to  assess  damages  to  said  land  by  reason  or  on  account  of  the 
construction  of  any  such  sewer  through  or  upon  the  same,  said  assessors 
to  be  appointed,  notice  given,  and  their  award  made  as  in  case  of  prop- 
erty taken  for  opening,  widening  or  straightening  streets  under  the 
charter  and  laws  of  said  city. 

Sec.  44.  In  case  of  real  estate  situated  on  street  corners,  and  hav- 
ing frontage  on  two  streets,  the  owner,  and  real  estate  thus  situated, 
shall  be  assessed  as  by  this  Act  provided  for  the  frontage  on  the  street 
in  which  a  sewer  is  first  laid,  and  when  a  sewer  is  laid  on  the  other 
street  seventy-five  feet  of  frontage  shall  be  exempt  from  assessment  on 
the  owner  and  real  estate  for  the  last-named  sewer. 

Sec.  45.  The  amount  of  such  assessment  for  sewers  on  each  piece 
of  real  estate  shall  be  a  lien  on  said  real  estate  from  the  day  of  the  pas- 
sage of  the  ordinance  providing  for  the  work  and  making  the  assess- 
ment. That  this  Act  shall  not  take  effect  till  the  first  day  of  January, 
1890. 

Sec.  46.  The  construction  of  all  sewers  under  this  Act  shall  be 
provided  for  by  ordinance.  After  the  first  reading  of  an  ordinance 
providing  for  a  sewer,  a  notice  of  the  introduction  of  the  same  shall  be 
])viblisbed  in  one  or  more  of  the  daily  papers  of  the  city;  such  notice 


for  sewer 
through  pri- 
vate property 
but  right  of 
way  must   be 
acquired. 


Corner  lots 
with  sewers 
in  both 


Lien  from  date 
of  ordinance. 


Notice   to  be 
published   and 
features 
covered  in 
notice. 


;tion  4.     Act     December    20th,    1898.     Provides  for  collection  of  assessments  for  sewers 
in  installments,     when    Iniilt    by  contractors. 


Acts  of  Incorporation".  19 


shall  contain  a  statement  of  the  lino  along  which  the  proposed,  sewer 
is  to  be  laid,  and  a  statement  of  the  general  character,  material,  and 
size  of  such  sewer.  Said  notice  shall  be  published  at  least  as  many 
as  ten  days  before  the  adoption  of  such  ordinance,  and  said  ordinance 
may  be  adopted  at  the  next  meeting  after  its  introduction,  or  at  any 
subsequent  meeting  after  said  notice  has  been  published.  Substantial 
compliance  with  the  above  requirement  as  to  notice  shall  be  sufficient.* 
Sec.  47.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
shall  have  power  and  authority  to  provide  by  ordinance  for  the  collec-  ^f  c^^lr^tor 
tion  of  assessments  for  the  construction  of  sewers  in  installments  run-  [«"■  sewer  may 

be  collected   in 

ning  through  a  series  of  years  to  be  fixed  by  such  ordinances  in  all  ["^go^OTd^red 
cases  where  the  construction  of  said  sewers  is  performed  by  a  con-  ^^^  ^^^   go 
tractor  or  contractors ;  provided,  that  said  Mayor  and  General  Council  ^^^^• 
shall  not  have  power  and  authority  to  incur  indebtedness  to  be  paid  by 
the  city  from  its  treasury  on  account  of  the  construction  of  such  sew- 
ers, which  indebtedness  is  not  to  be  paid  in  the  year  in  which  it  is  con- 
tracted. 

Sec.  48.     The  Mayor  and  General  Council  of  said  City  of  Atlanta  public  street 
is  empowered  to  provide  by  ordinance,  for  the  regulation  of  public  ^^^'[atfd 
meetings  and  public  speaking  in  the  streets  of  said  City  of  Atlanta  ^ggg 
by  preventing  the  obstruction  of  the  streets  of  said  city  or  the  gather- 
ing of  disorderly  crowds  in  said  streets. 

Sec.  49.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
shall  have  power  and  authority  to  determine  by  ordinances  passed  I'Jcated.^*^^^^ 
from  time  to  time  on  what  streets  or  within  what  limits  livery  stables  jggg 
hereafter  erected  shall  be  located,  and  to  prohibit  the  erection  or  oc- 
cupancy of  places  other  than  the  places  or  limits  prescribed  by  such 
ordinances,  and  to  enforce  penalties  for  the  violation  of  such  ordi- 
nance as  for  violation  of  other  such  penal  ordinances  of  said  city. 

Sec.  50.     The  Mayor  and  General  Council  of  the  City  of  Atlanta 
are  authorized  to  prescribe  by  ordinance,  reasonable  charges  to  be  col-  chl^^es^^r*^ 
lected  by  hacks,  cabs,  drays,  or  other  licensed  vehicles  for  the  trans-  person!  and 
portation  of  persons,  baggage,  merchandise  or  other  personal  property  ^^^s^^^- 
within  the  limits  of  the  City  of  Atlanta.  •^^^^• 

Sec.  51.     Each  member  of  the  Board  of  Aldermen  and  each  mem- 
ber of  the  Board  of  Councilmen  shall  be,  to  all  intents  and  purposes,  jus°i®f  of  the 
a  Justice  of  the  Peace,  so  far  as  to  enable  them,  or  any  one,  or  either  ^''^'^^' 
of  them  to  issue  warrants  for  offenses  committed  within  the  corporate  ^^^' 
limits  of  said  city,  which  warrants  shall  be  executed  by  the  Marshal  or 
Chief  of  Police,  or  either  of  the  Lieutenants  of  Police,  and  to  commit 
to  jail  in  the  County  of  Fulton,  or  to  admit  to  bail  offenders,  provided 
the  offense  is  bailable,  for  their  appearance  before  the  next  Superior 
Court  thereafter  for  the  County  of  Fulton,  and  it  shall  be  the  duty  of 
the  jailer  of  said  county  to  receive  all  such  persons  so  committed,  and 
safely  keep  the  same  until  discharged  by  due  course  of  law. 

1  See  Act  November  Sth,   1889. 


20 


Part  I. — Charter. 


Shall    not 
contract  -with 
city. 


Sec.  52.  It  shall  not  be  lawful  for  any  member  of  the  General 
Council  to  be  interested,  either  directly  or  indirectly,  in  any  contract 
with  the  City  of  Atlanta,  the  Mayor  and  General  Council,  or  any  one 
or  more  of  them,  having  for  its  object  the  public  improvement  of  the 
city,  or  any  part  thereof,  or  the  expenditures  of  its  moneys.  Any  vio- 
lation of  this  section  by  any  member  of  the  General  Council  shall,  on 
conviction  thereof,  be  punished  as  prescribed  in  section  4310  of  the 
Code  of  this  State  (being  Section  1039  Code  of  1895). 

Sec.  53.  Each  member  of  the  General  Council  shall,  in  all  cases, 
hold  his  office  until  his  successor  is  elected  and  qualified.  In  case  a 
vacancy  shall  occur,  either  in  the  Board  of  Aldermen  or  in  the  Board 
of  Councilmen,  by  death,  resignation,  removal,  or  otherwise,  the 
Mayor,  or  in  case  his  seat  is  vacated,  the  Mayor  pro  tern.,  or  a  majority 
of  the  General  Council  shall  order  a  new  election  by  giving  at  least  ten 
days'  notice  in  one  or  more  of  the  city  papers,  or  at  two  or  more  of 
the  most  public  places  in  said  city ;  and  said  election,  so  held,  shall  be 
managed  in  the  same  manner  as  the  election  to  be  held  in  chief,  ac- 
cording to  the  provisions  of  this  Charter  on  the  subject  of  elections. 


Vacancies, 
how   filled. 


CHAPTER  IV. 


ELECTIONS. 


Section. 

54.  Election  by   Mayor  and  General   Coun  il. 

55.  Election      Commissioners— how      chosen — 
term — powers — clerks. 

56.  Elections — how    conducted. 

57.  Election    Commissioners — shall    take    oath 
and  make  returns. 

58.  Marshal  chosen  by  people. 


Section. 

59.  Voters— qualification— illegal    voting   pun- 
ished. 

60.  Removal    from    ward    vacates    office. 

61.  Examinations     of     departments    and    offi- 
cers. 

61     (a).  Dual   office  holding  prevented. 


Elections   by 
Mayor    and 
General 
Council. 

1874. 


Section  54.  All  persons  holding  office  under  elections  or  appoint- 
ment by  the  Mayor  and  General  Council,  except  Police  Commissioners, 
shall  be  elected  or  appointed  at  the  first  meeting  held  in  the  month  of 
January,  1875,  and  shall  hold  until  the  first  meeting  in  July  thereaf- 
ter, at  which  time,  and  biennially  thereafter,  such  elections  shall  be 
held  or  appointments  made :  Provided,  that  the  officers  and  appointees 
elected  or  appointed  by  the  present  Mayor  and  Council  shall  hold  their 
offices  until  the  aforesaid  election  in  Januar}^  1875,  except  the  election 
of  Commissioners,  who  shall  hold  as  hereinafter  provided.  All  such 
officers  to  be  subject  to  removal  for  cause  as  herein  provided.' 

Sec.  55.  At  the  first  meeting  of  the  Mayor  and  Council  in  the 
month  of  July,  1874,  they  shall  appoint,  and  every  two  years  thereaf- 
ter the  said  Mayor  and  Council  shall  appoint  three  Commissioners  for 
each  ward,  freeholders  residing  therein,  to  hold  the  elections  in  said 
ward;  and  in  case  of  vacancy  from  removal  or  otherwise,  the  Mayor 

1   Several   officers  since     made     elective   by   the  people. 


Acts  of  Incorporation.  21 


and  Council,  or  Mayor  and  General  Council,  as  the  case  may  be,  shall 

supply  the  same.     These  Commissioners  shall  hold  their  offices  for  two 

years,  unless  removed  for  cause,  as  aforesaid.     The  said  Commission-  '^'^"^  "^  "®''^- 

ers  shall  hold  all  city  elections  in  their  respective  wards.     They  shall  ^^^*- 

be  judges  of  the  qualifications  of  voters,  shall  have  such  clerks  as  they 

deem  necessary  to  hold  elections,  to  be  selected  by  them  for  each 

ward,  and  such  Commissioners  shall  serve  for  such  reasonable  compen-  compensation 

sation  as  shall  be  prescribed  by  the  Mayor  and  General  Council.'     The 

clerks  shall  have  such  compensation  as  may  be  allowed  by  the  Mayor  *^''"'^- 

and  Council,  or  Mayor  and  General  Council,  as  the  case  may  be.     All 

vacancies  in  said  Board  of  Election  Commissioners  shall  be  filled  by 

the  said  Mayor  and  Council,  or  Mayor  and  General  Council. 

Sec.  56.  If  by  10  o'clock  a.m.,  on  the  day  of  election,  a  majority  of  Eiectiona. 
said  Commissioners  fail  to  attend  at  any  voting-place,  and  proceed  to  eon'ducted. 
hold  the  election  as  herein  provided,  any  three  freeholders  of  the  ward  By  freehold- 


ers acting, 
when. 


may  hold  and  conduct  the  same :  Provided,  nevertheless,  that  nothing 
herein  contained  shall  be  construed  to  hinder  or  prevent  any  one  or  jgy^ 
more  of  said  Commissioners  from  acting  as  manager  or  managers, 
should  they  be  present  at  the  voting-place,  supplying  the  number  of 
managers  required  by  this  Charter,  from  any  of  the  freeholders  of  the 
ward. 

Sec.  57.     The  Election  Commissioners  provided  for  in  the  preced- 
ing section,  or  freeholders  acting  in  their  stead  as  above,  shall  take  the  missllTers^"^' 
oath  and  conduct  the  elections,  and  make  returns  to  the  Mayor  and  f^\l  ^nd^ 
Council,  if  prior  to  January  1,  1875,  or  if  thereafter,  to  the  Mayor  and  '""''"  '■'*"™'- 
General  Council,  in  the  manner  prescribed  by  law  for  the  election  of  ^^'*' 
members  of  the  General  Assembly.     The  Mayor  and  Council,  or  the 
Mayor  and  General  Council,  shall  consider  the  returns  and  declare  the 
results.     All  cases  of  contested  elections  shall  be  tried  by  the  Mayor 
and  Council,  or  the  Mayor  and  General  Council. 

Sec.  58.     There  shall  be  elected  by  the  people  at  the  same  time  the  Marshal 
Clerk  is  elected,  a  Marshal,  who  shall  be  elected  and  hold  his  office  for  people'^  ^^ 
a  term  of  two  years,  unless  removed  for  cause,  to  be  judged  of  by  the  isos. 
Mayor  and  General  Council.     He  shall  be  separate  and  distinct  from  ?em.  ^'^^"^ 
the  police  force  of  the  city.     It  shall  be  his  duty  to  collect  or  levy  fi.  Removable  for 
fas.  for  taxes  and  fi.  fas.  for  fines,  and  advertise  and  sell  property  so  Duties, 
levied  on,  and  make  titles  to  purchasers,  under  laws  governing  the  is"*- 
said  Mayor  and  General  Council,  under  the  same  rules  and  regula- 
tions that  govern  the  Sheriff  and  his  deputies  at  Sheriff's  sales.^     He 
shall  give  bond  to  said  city,  with  good  securityy  for  the  faithful  dis- 
charge of  his  duties,  and  shall  have  such  compensation  as  the  General  ^°^^^^^^^' 
Council  shall  prescribe,  which  compensation  shall  not  be  changed  dur-  ^^^^ 
ing  his  term  of  office,  and  shall  do  and  perform  such  other  services  as  g^^  section  7o 
the  Mayor  and  General  Council  shall  prescribe  by  ordinance. 


1  See  Act  September  3d,  1881. 

2  Deeds   admitted   on   same   term     as   sheriff's    deeds    Act    December   20th. 


22 


Part  I. — Charter. 


Voters,  quali- 
fications, ille- 
gal   voting. 


Sec.  59.  No  person  shall  vote  either  for  Mayor  or  x^ldermen,  or 
Councilmen,  or  at  any  other  city  election  elsewhere  than  in  the  ward  in 
which  he  resides,  and  the  other  qualifications  of  voters  shall  remain 
as  now  fixed  by  law.  Any  person  voting,  or  attempting  to  vote,  more 
than  once,  at  any  city  election,  provided  for  by  this  Act,  or  by  other 
law,  and  every  person  voting,  or  attempting  to  vote,  in  violation  of 
this  Act,  or  other  law  providing  for  the  city  election,  shall  be  guilty 
of  misdemeanor,  and  upon  indictment  or  accusation  and  conviction, 
shall  be  punished  as  provided  for  in  section  4245  of  Irwin's  Code  of 
Georgia  [being  section  1039  of  the  new  Code  of  Georgia,  1895]. 

Sec.  60.  In  any  and  all  cases  in  which  any  person  has  been  hereto- 
fore, or  may  be  hereafter,  elected  by  popular  vote,  or  be  elected  or  ap- 
pointed by  the  Mayor  and  General  Council  of  said  City  of  Atlanta,  or 
by  any  board,  commissioner  or  department  of  said  city  govern- 
ment, to  any  office  or  official  service  for  or  to  serve  or  represent  any 
ward  of  said  city,  and  any  such  person  so  elected  or  appointed,  as 
aforesaid,  has  heretofore,  or  shall  hereafter,  remove  from  the  ward 
from  or  for  which  he  was  so  elected,  or  appointed  to  represent  or  serve, 
the  fact  or  act  of  such  removal  shall  thereby  create  a  vacancy  in  such 
office  or  official  service,  and  such  vacancy  shall  be  filled  as  in  other 
cases  of  vacancy  in  office  of  said  city." 

Sec.  61.  The  city  government  of  the  City  of  Atlanta  shall  be  au- 
thorized and  empowered,  throiigh  a  committee  of  the  General  Coun- 
cil or  of  any  of  the  boards  operating  under  the  city  government,  or 
committee  of  the  same,  to  institute,  in  the  discretion  of  the  General 
Council,  whenever  necessary,  any  examination  or  examinations  into 
the  working  and  business  of  any  of  the  offices,  or  conduct  of  its  officers 
in  any  department  of  the  city's  business,  or  of  the  General  Council 
itself,  or  of  any  office  under  the  city,  and  that  the  board  or  committee 
conducting  such  examination  shall  have  power  to  send  foj-  persons  and 
papers,  and  to  compel  attendance  of  persons  summoned ;  to  swear  wit- 
nesses, compel  the  production  of  papers  and  books,  and  all  disclosures 
pertinent  to  such  investigation.^ 

Sec.  61  (a).  It  shall  be  unlawful  for  any  person  holding  a  posi- 
tion of  emolument,  appointed  by  the  President  of  the  United  States, 
or  by  the  Governor  of  the  State  of  Georgia,  or  election  by  the  people, 
after  the  first  day  of  January,  1896,  to  occupy  or  hold  the  position  of 
Mayor,  Alderman,  or  Councilman,  of  the  City  of  Atlanta,  or  any  other 
office  of  emolument  in  said  city  government,  whether  said  office  be  by 
election  or  appointment,  during  the  time  he  holds  said  Federal,  State, 
or  county  office,  and  that  neither  the  Mayor,  Aldermen  nor  Council- 
men,  nor  any  other  officer  of  said  city  who,  by  virtue  of  election  by  the. 
people,  or  appointment  by  the  Mayor,  or  Mayor  and  General  Council, 
or  General  Council,  or  by  its  authority,  holds  such  office  after  the  first 


Removal  from 
ward  vacates 
oflBce. 


Vacancy,    how 
filled. 


Examina- 
tions   author- 


May   compel 
attendance, 
swear    wit- 
nesses,   and 
send   for   pa- 
pers. 


1  See  Act  December  24th,  1888. 

2  See  Act  December  24th,  1886. 


Acts  of  Incorporation. 


23 


day  of  January,  1896,  shall  be  eligible  to  hold  any  other  office  of  trust, 
honor,  or  emolument  in  said  city  government,  nor  shall  they  or  any 
person  be  eligible  to  membership  on  more  than  one  of  the  boards,  such 
as  the  Board  of  Police  Commissioners,  Water  Commissioners,  or  any 
other  board  of  said  city  at  the  same  time ;  nor  shall  any  member  of  the 
General  Council  be  a  member  of  any  board  under  said  city  govern- 
ment, except  as  is  already  provided  for  in  the  charter  of  said  city,  and 
that  the  acceptance  by  the  Mayor,  or  any  member  of  the  General  Coun- 
cil of  the  City  of  Atlanta,  or  any  other  officer  of  said  city  government, 
after  the  first  day  of  January,  1896,  of  any  position  of  trust,  honor, 
or  emolument,  in  the  Federal,  State,  or  county  government,  as  enu- 
merated in  this  section  of  this  Act,  shall  immediately  create  a  vacancy 
in  the  office  he  holds  in  said  city  government,  whether  held  by  election 
or  appointment,  which  vacancy  shall  be  filled  as  provided  by  law ;  and 
that  any  person  holding  any  position  in  the  city  government  of  At- 
lanta, either  by  election  or  appointment,  who  shall  accept  any  other 
position  in  said  city  government,  which  is  filled  by  election  or  appoint- 
ment, shall  forfeit  the  office  he  holds  at  the  time  of  acceptance  of  said 
other  office,  the  true  intent  and  meaning  of  this  section  of  this  Act 
being  to  prohibit  any  person  from  holding  more  than  one  office  at  the 
same  time  under  said"  city  government,  or  holding  any  office  under 
said  city  government  while  holding  any  other  office  under  the  United 
States,  State,  county,  or  city  governments ;  but  this  Act  shall  not 
apply  to  cases  heretofore  provided  for  in  the  charter  of  the  city,  and 
the  passage  of  this  Act  shall  not  be  construed  so  as  to  affect  the  title 
of  the  Mayor  or  of  any  member  of  the  General  Council  now  holding 
office  as  to  any  other  office  or  position  on  any  of  the  boards  now  held 
by  him,  nor  that  of  any  member  of  the  boards  now  in  office ;  provided,  to'  Trustees 
that  the  trustees  of  the  Grady  Hospital  are  not  included  in  the  pro-  piuih 


visions  of  this  Act. 


CHAPTER  V. 


POWER    TO    TAX. 


Section. 

62.  Mayor  and  General  Council  may  levy  ad 
valorem  tax,  not  to  exceed  one  and  one- 
fourth  per  cent. 

63.  Emergency  tax. 

64.  Registration  tax. 

65.  Ordinance  as  to  regulation  of  business 
authorized. 

66.  Retail  liquor  licenses. 

67.  Licenses  of  theatres,  etc. 


Section. 

68.  May    license  sale    of    lager  beer,  bilUard 
tables  and  ten-pin  alleys. 

68  (a).  Power  to   license   pawnbrokers. 

69.  Tax  on  business  of  selling  watches,  jew- 
elry,   etc. 

70.  May  tax  itinerant  traders. 

71.  City  tax  deeds  admitted  in  evidence  like 
State  tax  deeds. 


Section  62.  For  the  purpose  of  raising  "revenue  for  the  support 
and  maintenance  of  said  city  government,  the  said  Mayor  and  General 
Council  shall  have  full  power  and  authority,  and  they  shall  provide 


24  Part  I. — Charter. 


Mayor   and 
General    Coun 


by  ordinance  for  the  asssessment,  levy  and  collection  of  an  ad  valorem 
ad  vSem"'^  ^^^  °^  ^^^  ^^^^  ^^^  personal  property,"  within  the  incorporate  limits 
ceed^one^and^  ^^  ^^^^  ^^^3^'  ^^^  exceeding  onc  and  one-fourth'  per  cent,   thereon ; 

one-fourth 
per  cent 


which  shall  include  the  school  tax,  which,  under  the  laws  of  this  State, 
1874.  is  subject  to  taxation:  Provided,  nevertheless,  that  all  assessments  of 

1896.  j.g^^  property  shall  be  made  at  the  cash  market  valuation." 

Sec.  63.  In  addition  to  the  ordinary  tax  herein  allowed,  the  ]\Iayof 
Extraordi-  ^^^  Councilmcn  and  Aldermen  may,  in  case  of  emergency,  to  be 
ha\^  of  onL  °"''  judged  of  by  them,  levy  an  extraordinary  tax,  not  exceeding  one-half 
bf  TeTied.'"''^  of  one  per  cent,  (on  the  taxable  property  of  said  city),  the  said  extraor- 
1874  dinary  tax  to  be  added  to  the  ordinary  tax  and  collected  at  the  same 

time  and  used  for  the  same  purpose. 

Sec.  64.  The  said  Mayor  and  General  Council  shall  have  full 
Registration  powcr  and  authority  to  require  any  person,  firm,  company,  or  corpo- 
nesl^and  avo-  ^ation,  engaged  in,  prosecuting,  or  carrying  on,  or  who  may  engage  in, 
cation.  prosecute  or  carry  on,  any  trade,  business,  calling  or  avocation,  or 

AJtl**"^  ^^*^'  profession,  Avithin  the  corporate  limits  of  said  city,  to  register  their 
names,  and  business  calling,  vocation  or  profession,  annually,  and  to 
require  such  person,  company,  or  association  to  pay  for  such  registra- 
tion, and  for  license  to  engage  in,  prosecute  or  carry  on  such  business, 
calling  or  profession  aforesaid,  not  exceeding  two  hundred  dollars  per 
annum.^  But  no  person,  firm  or  corporation  that  may  be  required  by 
city  ordinance  to  pay  tax  ad  valorem  on  merchandise  or  materials, 
shall  be  required  to  pay  more  than  fifty  dollars  specific  business  tax 
See  Section  (59.  annually.  The  provisions  of  this  Act  in  no  wise  to  interfere  with,  or 
repeal  sections  27,  28,  29,  30,  and  31  of  said  Act,  entitled  an  Act  to 
establish  a  new  Charter  for  the  City  of  Atlanta,  approved  February 
28,  1874,  which  said-named  sections  refer  to  and  authorize  said  city 
to  levy  and  collect  tax  on  the  retail  of  ardent  spirits,  theatrical  compa- 
nies, or  performances,  or  other  exhibitions,  billiard-tables,  ten-pin  al- 
leys, nine-pin  alleys,  or  alleys  of  any  kind,  etc.,  brokerage  business, 
pawnbrokers,  and  itinerant  traders.' 

Sec.  65.  Said  Mayor  and  General  Council  are  hereby  given  au- 
thority to  pass  such  ordinances  as  may  be  necessary  or  proper  to  carry 
the  foregoing  section  into  effect ;  also  to  classify  business,  and  arrange 
the  various  bvisiness,  trades  and  professions  carried  on  in  said  city,  into 
such  classes  of  subjects  for  taxation  as  may  be  just  and  proper :  Pro- 
vided, that  nothing  herein  contained  shall  be  construed  to  authorize 
the  levy  of  a  tax  upon  any  profession  not  taxable  under  the  general  tax 
act." 

Sec.  66.  The  said  Mayor  and  General  Council  sliall  liave  power 
and  authority  to  regulate  the  retail  of  ardent  spirits  within  the  corpo- 


1  Reduced  from  1}^  to  1^4  per  cent,    by   Act   December   23d, 

2  As  to  street  tax,  see  Section  130. 

*  See  Act  September  4th,   1889. 

*  See  Act  September  4th,  1889. 


Acts  of  Incorporation.  "  25 


rate  limits  of  said  city, 
tail  or  to  withhold  the  same,  and  to  fix  the  price  to  be  paid  for  license  ^^I|*  ''f'"**- 
at  any  sum  they  may  think  proper,  not  exceeding  two  thousand  dollars,  ^^^^• 
and  they  shall  have  power  and  authority  to  pass  and  enforce  ordi-  ^^.^  ^g^^ 
nances  providing  for  the  punishment  of  persons  selling  spirituous,  ;^"''y)'^ec'^  20; 
malt  or  other  intoxicating  liquors  at  wholesale  or  retail  within  the^^'-*^- 
corporate  limits  of  said  city  without  having  obtained  licenses  from 
said  Mayor  and  General  Council,  or  for  selling  such  liquors  after  the 
expiration  or  revocation  of  such  licenses/     The  Mayor  and  General  "hoi^esafe 
Council  of  said  city  shall  have  the  power  and  authority  to  regulate  the  "'i"°''  *''^"'''- 
sale  of  liquors  at  wholesale  in  said  city.° 

Sec.  67.     The  said  Mayor  and  General  Council  shall  have  power  to 
pass  such  ordinances  as  they  may  think  proper  in  regard  to  granting  ji^y  license 


license  to  theatrical  companies  or  performances,  or  for  shows  or  for  companTes, 
other  exhibitions :     Provided,  the  price  to  be  paid  for  such  license,  ^''°'''^'  ^*^" 
when  granted,  shall  not  exceed  five  hundred  dollars  for  each  perform-  ^^'*' 
ance  or  exhibition. 

Sec.   68.     The  said  Mayor  and  General   Council   shall  have   full 
power  and  authority  to  prohibit  the  selling  of  lager  beer,  or  other  fer-  May  license 
mented  drinks,  without  the  obtaining  of  a  license  for  that  purpose :  ffeer,"  billiard 
Provided,  the  owner  or  keeper  of  each  house  or  saloon  kept  for  that  ^^  ^^' 
purpose  shall  not  be  required  to  pay  exceeding  the  sum  of  five  hun- 
dred dollars  for  a  license  for  one  year.     They  shall  have  full  power 
and  authority  to  license  billiard-tables  and  ten-pin  alleys,  and  all  bill- 
iard-tables kept  or  used  for  the  purpose  of  playing,  gaming  or  renting, 
and  all  ten-pin  alleys,  nine-pin  alleys,  or  alleys  of  any  kind  which  are    • 
kept  or  used  for  the  purpose  of  playing  on  with  pins  or  balls,  or 
either,  for  the  purpose  of  renting  the  same,  and  charge  for  said  li- 
cense a  sum  not  exceeding  fifty  dollars  on  each  table,  alley  or  track.^ 

Sec.  68  (o).  The  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  assess  a  tax  on  such  persons  carrying  on  the  Act  is74. 
brokerage  business  in  said  city  of  not  more  than  three  hundred  dollars 
per  annum,  in  addition  to  all  other  tax  they  may  be  required  to  pay. 
They  shall  have  power  to  license  pawnbrokers  within  their  respective 
jurisdiction,  define  by  ordinance  their  powers  and  privileges,  to  im- 
pose taxes  upon  them,  to  revoke  their  licenses,  and  generally  to  exer- 
cise such  superintendence  over  pawnbrokers  as  will  insure  fair  dealing 
between  them  and  their  customers 

Sec.  69.     The  Mayor  and  General  Council  of  the  Citv  of  Atlanta 

■'  Watclies 

shall  have  authority,  in  their  discretion,  to  require  the  payment  of  a  jewelry, '  etc. 
registration-tax    of    not    exceeding    one    thousand    ($1,000)    dollars  $1,000. 
per  annum  on  the  business  of  selling  watches,  clocks  or  Jewelry  at  isos. 
auction  in  said  city;  provided,  that  when  the  registration-tax  on  such 


See  Act  of  Augiist  29th, 
See  Act  September  4th, 
See  Act  December  15th, 


26 


Part  I. — Charter. 


See  Section  64.  business  shall  exceed  two  hundred  dollars  ($200)  per  annum,  no 
ad  valorem  tax  shall  be  charged  to  the  dealer  paying  such  registration- 
tax  on  the  stock  carried  by  him;  provided  further,  that  when  such 
dealer  is  relieved  from  the  payment  of  ad  valorem  tax  on  his  stock,  the 
registration-tax  shall  not  in  any  case  be  less  than  the  ad  valorem  tax 
on  the  assessed  value  of  his  stock  would  amount  to. 

Sec.  70.  The  said  Mayor  and  General  Council  shall  have  the  power 
to  levy  and  collect  from  itinerant  traders  who  may,  directly  or  in- 
directly, by  themselves  or  others,  sell  any  goods,  wares,  or  merchan- 
dise in  said  city,  such  tax  as  to  them  may  seem  proper. 

Sec.  71.  From  and  after  the  passage  of  this  Act,  deeds  made  by 
City  tax  deeds  ^^^^  ^^^J  °^  Atlanta,  or  its  Mayor,  or  its  Marshal,  pursuant  to  tax  sale 
or  sales  under  executions  issued  for  the  collection  of  local  assessments, 
shall  be  admissible  in  evidence  on  the  same  terms  as  deeds  made  pur- 
Act  December  suaut  to  salcs  for  taxes  due  the  State  and  county;  provided,  that  it  shall 
20,  1898.  jjg  competent  for  parties  denying  the  validity  of  such  tax-deeds  or  as- 

sessment-deeds to  put  in  evidence  the  proceedings  preliminary  to  the 
execution  of  such  deeds.  The  purpose  of  this  Act  being  to  give  city 
tax-deeds  and  city  assessment-deeds  the  same  prima  facie  force  and 
validity  which  is  accorded  to  tax-deeds  made  by  officers  of  the  State 
and  county. 


May  tax  itin- 
erant  traders. 


admitted 
evidence   like 
State   tax 
deeds. 


CHAPTEE  YI. 


Section. 

72.  Bonds  of  the  city — how  issued. 

73.  Expenses    restricted   to    income — payment 
of    floating    debt. 

74-75.  Borrowing  money — when  contracts   are 
void — individual  liability. 


Section. 

76.  Assessment  of  city  property — estimate 
and  apportionment  of  income — individual 
liability. 

77.  Clerk  must  exhibit  balance  sheet  at 
each    regular    session. 

78.  Treasurer  to  make  annual  statement  and 
estimate    for    ensuing    year. 

Section  72.     Hereafter  no  bonds  of  the  City  of  Atlanta  shall  be 
issued,  except  to  meet  maturing  and  outstanding  bonds,  and  except 
—how  °issued^   thosc  already  authorized  by  the  present  ordinance  of  the  city,  passed 
1874.  in  pursuance  of  statutory  authority,  without  first  obtaining  an  af- 

firmative by  a  two-thirds  vote  of  two  successive  Councils,  and  the 
approval  of  the  ]\Iayor,  also  the  sanction  by  vote  of  a  majority  of  tlie 
voters  of  the  city  voting  thereon,  in  the  manner  prescribed  by  sec- 
tions 21,  22,  23  and  24  of  this  Act,  entitled  to  vote  for  Mayor  and 
members  of  the  General  Council,  which  election  shall  be  conducted  in 
the  usual  manner  of  conducting  city  elections,  and  be  held  the  second 
Tuesday  after  the  second  two-thirds  vote  of  the  General  Council. 
Those  in  favor  of  issuing  bonds  shall  have  written  or  printed  upon 
their  ticket,  "For  Bonds;"'  those  against  it,  "No  Bonds."  ^   . 

1  This  section  is  believed  to  be  superseded  by  Constitution  of  1877  and  later  general  and 
local  Acts.  See  Sections  372  to  381  of  :tlie  Code  of  Georgia,  1895,  and  later  provis- 
ion of  this  character. 


Acts  of  Incorporation.  27 


Sec.  73.     The  annual  expense  of  the  City  of  Atlanta  shall  be  so  STto'^in. 
restricted  as  not  to  exceed  the  annual  income  of  the  city  after  paying  ''°"'^- 
interest  on  her  bonds  and  floating  debt,  and  one-half  of  the  tax  on  l^^^^^  ^gbt. 
real  estate  be  first  set  aside  for  the  payment  of  this  floating  debt,  until  jg-^ 
all  is  paid.' 

Sec.  74.     No  Council  or  General  Council  shall  be  allowed  to  bor- 
row any  money,  except  as  may  be  necessary  to  meet  the  present  float-  money!'"^ 
ing  debt,"  or  in  carrying  temporary  balances  on  the  same,  and  every 
contract  for  borrowed  money  other  than  herein  allowed  shall  be  void: 
Provided,  nevertheless,  that  the  Mayor  and  Council,  or  Mayor  and 
General  Council,  shall  have  full  power  and  authority,  in  their  discre- 
tion, to  negotiate  loans  on  the  most  advantageous  terms  to  said  city, 
for   the   first    and   second   quarter,   to    supply    and   make    up    any 
deficiency   that   may   exist,   of   the   funds   in  the   treasury,   for   the 
purpose  of  paying    the   expenses   of  the   city,  which   may   be    in-  So.wo'^^a*''^" 
curred    under    the  several     heads     hereinafter     mentioned,    in    any  ^''*''' 
amount  not   exceeding   $200,000,    and   not   exceeding   the    amounts  Adfs.  ^"*^  ^^^^^ 
set    apart    under    each    head    for    the    year    in    question:      And 
provided  further,  that  as  soon  as  an  amount  equal  to  the  amount  so 
borrowed,  is  paid  into  the  treasury  by  taxation,  or  from  other  sources 
of  revenue,  not  already  applied  to  other  debts  or  liabilities  of  said 
city,  the  said  Mayor  and  Council,  or  Mayor  and  General  Council, 
shall  at  once  apply  the  same,  or  as  much  as  may  be  necessary,  to  the 
repayment  of  said  loans,  or  said  Mayor  and  Council,  or  Mayor  and 
General  Council,  shall  be  authorized  in  their  discretion  to  make  par- 
tial payments  upon  said  loans  with  any  moneys  that  may  come  into 
the  treasury  from  time  to  time,  under  the  restrictions  herein  provided. 
In  either  case  the  total  amount  of  said  loans  shall  be  repaid  out  of  the  yeTr^s'^incomJ?^ 
income  of  the  year  in  which  said  loans  were  made.     All  contracts  en- 
tered into  by  said  council,  contrary  to  this  Act,  for  the  purpose  of 
raising  money,  or  otherwise  engaging  the  credit  of  said  city,  shall  be  trac^ts  vow. 
null  and  void  as  to  said  city,  but  the  said  Mayor,  if  he  approve,  and  i874. 
all  members  of  the  Council,  or  General  Council,  present  and  voting, 
who  fail  to  record  their  votes  against  such  measure  or  contract,  shall 
be  jointly  and  severally  liable  thereon,  as  upon  their  own  contracts  uabmty.^ 
which  may  be  enforced  against  such  Mayor  and  members  of  Council, 
or  General  Council,  in  any  court  of  this  State  having  jurisdiction 
thereof. 

Sec.  75.     The  City  of  Atlanta  (including  all  its  departments)  is 
hereby  prohibited  from  issuing  checks  of  script  unless  the  money  is  in  from' bor?fw- 
the  City  Treasury  to  meet  the  same,  and  said  city  (including  all  its  ce|t'to''pIy^'^' 
departments)  is  prohibited  from  borrowing  money  or  issuing  any  ob-  '"*'^''®^*^- 
ligations  of  indebtedness  after  January  1,  1885,  except  checks  drawn  *  "^'     ' 

1  The   words   one-half     afterwards     changed   to  one-fourth,    but   the   part    of   the   section    re- 

lating  to    floating    debt    obsolete,    the    debt  having  been  funded. 

2  See  note  in  preceding  section. 

3  See  Act  December  19th,    1893. 


28  Part  I. — Charter. 


1874. 


Estimates     of 


Made  1st  meet- 
ing  in   June. 


by  the  authority  of  the  Mayor  and  General  Council  on  the  City  Treas- 
ury.' Provided,  that  this  act  shall  not  affect  the  provisions  of  the 
Charter  of  said  city  which  authorizes  the  issuance  of  bonds  to  meet 
the  principal  of  maturing  and  outstanding  bonds. 

Sec.  76.  The  said  Mayor  and  General  Council  shall  make,  or  cause 
Qf  to  be  made,  an  early  assessment  on  city  property,  which  assessment 
^stimate^"^*^  shall,  in  all  cases,  be  made  at  the  cash  market  valuation  of  the  same, 
tronment°'^of  ^'^  ^^^^  ^^^  rctum  of  the  asscssoTS  can  be  completed  and  handed  in  by 
income.  j-j^g  gj.g^  ^j^y  ^f  February  of  each  year,  beginning  with  1897  and  to 

open  books  to  receive  returns  for  taxation  on  the  first  day  of  February 
each  year,  and  to  close  their  books  for  receiving  returns  on  the  15th 
day  of  March  in  each  year.^  Upon  the  return  of  the  assessors  being 
handed  in  as  above  provided,  the  said  Mayor  and  General  Council 
shall,  at  the  first  regular  meeting  in  June  thereafter,  cause  an  esti- 
mate to  be  made  up  and  entered  on  the  minutes,  showing  the  gross 
amount  of  the  income  of  the  city  for  the  fiscal  year,  ascertained  by 
assessment  of  a  tax  not  exceeding  one  and  one-fourth  per  cent,  on  the 
taxable  property  in  the  city,  and  a  reasonable  estimate  of  the  other 
Appropria-  taxcs  and  sources  of  revenue,  and  shall  apportion  and  set  apart  the 
^^°^'  same   [to  such  departments  and  to  such  number  of  departments  or 

heads  as  may  be  deemed  requisite  and  as  shall  be  provided  by  ordi- 
nance and  the  name,  number  and  order  of  departments  or  heads  for 
appropriations  may  be  changed  by  ordinance]''  *,  which  several  sums, 
taken  in  the  aggregate,  shall  not  exceed  the  amount  of  income  from 
all  sources  for  the  year  in  question.  The  annual  appropriations,  as 
May  be  va-  made  by  the  Council,  may  be  varied  as  to  the  amount  distributed  to 
ben  "  ^  °  the  several  heads  at  the  first  meeting  held  in  June  and  October — these 
variations  not  to  retroact  on  expired  quarters,  and  not  to  enlarge  in 
any  manner  the  aggregate  appropriations  for  the  year ;  and  no  money 
shall  be  appropriated  from  the  City  Treasury,  except  by  resolution  of 
the  Council  and  Aldermen,  as  herein  provided,  which  shall  be  void  un- 
less it  specifies  upon  its  face  upon  which  of  said  funds  it  is  drawn; 
and  the  said  Mayor  and  members  of  Council  and  Aldermen  shall  be 
individually  liable  to  the  city  for  the  refunding  of  any  amounts  ap- 

1  But  see  later  Acts  repealing  this. 

2  Acts   of    Dec.    23,    1896. 

3  Words  in  brackets  from  Act  of  Sep.   4,   1889. 

*  Act  of   187-1  made   heads   for  apportionment  as  follows: 

1.  Interest    on    bonds. 

2.  Interest    on   floating   debt. 

3.  Public    schools. 

4.  Reduction    of    floating    debt. 

5.  Streets. 

6.  Police. 

7.  Public   buildings. 

8.  Lights. 

9.  Salaries. 

10.  Relief. 

11.  Fire    department. 

12.  Cemetery. 

13.  Contingent. 


Acts  of  Incorporation.  29 


propriatcd  or  expenses  incurred  in  excess  of  said  limits,  when  present 
at  the  voting  of  the  same — except  such  of  them  as  escape  said  liability 
by  calling  the  3'eas  and  nays,  and  voting  in  the  negative,  and  the 
name  entered  on  the  minutes — the  amount  thereof  to  be  recovered  in 
an  action  brought  in  any  of  the  courts  of  this  State  having  jurisdic- 
tion thereof,  in  the  name  of  the  Clerk  of  the  Council,  for  the  use  of 
the  city;  and  ten  per  cent,  of  the  recovery  shall  be  his  compensation, 
and  if  he  fail  to  bring  said  action  within  ten  days  the  said  sums  may 
be  recovered  of  him  and  his  bondsmen,  at  the  suit  of  any  citizen,  and 
no  action  brought  under  this  section,  or  right  of  action,  shall  be  set- 
tled without  the  consent  of  the  judge  before  whom  such  suit  is  pend- 
ing, upon  exhibit  of  all  the  facts,  and  such  consent  entered  on  the 
minutes. 

Sec.  77.     For  the  purpose  of  enabling  members  of  Council  and  Al- 
dermen to  know  at  all  times  the  true  financial  condition  of  the  city, 
the  Comptroller  shall  prepare  and  the  Clerk  of  Council  shall  read  and  po^ptroi- 
enter  upon  the  minutes,  at  the  opening  of  each  regular  session,  a  bal-  must  exhibit 
ance  sheet  showing  the  gross  revenue  of  the  fiscal  year,  and  expenses  at  each  regu- 
voted  by  Council  up  to  that  time,  as  also  the  amount  of  the  said  several 
sums  estimated  as  aforesaid,  and  what  part  of  the  same  has  been  up 
to  that  time  appropriated,  and  what  part  remains  unappropriated. 
[The  books  kept  by  the  Comptroller  of  the  City  of  Atlanta  shall  be 
kept  in  such  manner  as  to  show  in  detail  the  receipts  and  expenditures 
of  each  department  of  the  city  government.]^ 

Sec.  78.     The  Treasurer  of  the  city,  at  the  close  of  each  fiscal  year,  ^^^3^^^^^  ^,^ 
shall  make  a  full  tabular  statement  of  the  assets  and  resources  of  the  ^atement"and 
city,  with  an  itemized  estimate  of  the  probable  and  necessary  expense  l^^^^t^  y°lj. 
for  the  ensuing  year,  which  shall  be  published.  ^^"^• 


Part    in   brackets   from    Act   Dec.    20,    1898. 


30 


Part  I. — Charter. 


CHAPTEE  VII. 


WATER    SUPPLY. 


Section. 

79.  Water  Commissioners'  election — term — 
vacancy — Mayor  ex  officio  a  member  of 
Board. 

80.  Shall  choose  President— oath— must  keep 
record. 

81.  Quorum — legal    acts   bind    city. 

82.  Powers. 

83.  84.  Appropriating  or  injuring  real  es- 
tate— assessors — appeal    from    assessment. 

85.  Payment  for  property  taken  or  damage 
done. 

86.  Right   to    use    roads,    streets,    etc. 

87.  Contracts,  wlien  to  be  in  writing— where 
deposited. 

88.  May  issue  bonds  not  to  exceed  $500,000, 
including  amount  already  issued. 

89.  Payment  of  interest  on   bonds. 

90.  $500,000  bonds   authorized. 

91.  Preserving    previous    grants   of    power. 

92.  May  borrow  money  on  deposit  of  bonds. 

93.  May  pledge   faith   of   city. 

94.  Assent    of    people    required. 

95.  Proceeds   of   bond   sales— how   used. 

96.  $250,000   water    bonds   authorized. 

97.  $250,000   water   bonds   authorized. 

98.  $200,000  30-year  4  per  cent,  gold  bonds 
for  water  mains  authorized  if  voted  by 
people  in  1899  or  1900. 

99.  Sinking    fund    tax    required. 

100.  Board    regulates    distribution    of    water. 


Section. 

101.  May  collect  rents  in  advance  or  shut  off 
water. 

102.  Contracts    not      run     more     than     three 
years. 

103.  Penalty   for  diversi(jp   of   water   or   injur- 
ing of   appliances. 

104.  Police     and      sanitary       regulations       of 
grounds. 

105.  Title  in   city   exempt   from   taxation. 

106.  May   make   notes — proviso. 

107.  Board    make   rules. 

108.  Income  paid   City  Treasury. 

109.  Estimate  expenses. 

110.  Appropriation — how    limited. 

111.  Sinking    fund    $3,500. 

112.  Compensation     of     Board — inspection    by 
Council. 

113.  Members — removable. 

114.  Board  appoints  engineer,  etc. 

115.  Enlargement  of  water  supply  authorized. 

116.  Surveys,    etc. 

117.  Right   of  way,   etc. 

118.  Use  of  streams. 

119.  Mains  in  streets,   etc. 

120.  Dispute   in   condemnation   proceedings. 

121.  Employment   of  reserve   fund. 

122.  Procure   funds  from   others. 

123.  Control  of  work. 

124.  Previous   legislation. 

125.  Assessment  for  water  pipe. 


Section  79.  By  reason  of  the  inadequate  supply  of  water  in  said 
city,  for  extinguishing  fires  and  for  domestic  and  sanitary  purposes, 
and  for  the  purpose  of  supplying  said  deficiency  the  Board  of  Water 
Commissioners,  as  now  established  by  law,  shall  be  continued  as  herein- 
after provided.  At  the  second  regular  meeting  of  the  Mayor  and  Coun- 
cil of  the  City  of  Atlanta  in  December,  1887,  said  body  shall  elect  seven' 
Water  Commissioners  for  said  city.  One  of  said  Commissioners  shall 
One  from  each  ^6  elected  from  cach  of  the  seven  wards  of  said  city.  The  terms  of 
ward.  ^]^g  members  first  elected  under  this  Act  shall  be  as  follows:     Those 

elected  from  the  First  and  Second  wards  shall  hold  their  offices  for  a 
term  of  one  year ;  those  elected  from  the  Third  and  Fourth  wards  shall 
hold  their  offices  for  a  term  of  two  years,  and  those  elected  from  the 
Fifth  and  Sixth  wards  shall  hold  their  offices  for  a  term  of  three  years. 
At  all  subsequent  elections,  except  to  fill  vacancies,  the  members  shall 
be  elected  for  a  term  of  three  years  each,  and  on  the  expiration  of  a 
term,  or  the  existence  of  a  vacancy,  a  member  shall  be  elected  from  the 
ward  in  which  the  same  occurs.  The  terms  of  office  of  all  members 
of  said  Board  shall  commence  on  the  first  day  of  January  following 
their  election,  except  in  cases  of  elections  to  fill  vacancies.     In  the  lat- 

1  Formerly  .six. 


Seven   com- 
missioners  to 
be   elected. 


Terms    of 
office. 


When   term 
begin. 


Acts  of  Incorporation. 


ter  case,  elections  shall  be  for  the  unexpired  term.     The  Mayor  of 

said  city  and  the  chairman  of  the  committee  on  waterworks  of  the  ,^3;^®^/° 

General  Council  of  said  city  shall  each  be  ex  officio  a  member  of  the  ^.?V'^  p/ 

■^  "  Water  l  om- 

Board  of  Water  Commissioners  of  said  city,  and  said  seven  members  missioners. 
above  provided  for,  together  with  said  Mayor  and  chairman  of  the 
committee  on  waterworks,  shall  constitute  the  Board  of  Water  Com-  jg-^  ^^^  j^^^^ 
missioners  of  said  city.     Whenever  a  vacancy  occurs  by  death,  resig-  ^*^^'- 
nation,  or  otherwise,  it  shall  be  filled  by  the  Mayor  and  General  Coun- 
cil for  the  balance  of  the  term.' 

Sec.  80.     Said  Board  of  Water  Commissioners  shall  choose  from  shaii  choose 
their  number,  annually,  one  as  a  President  of  said  Water  Board.     The  ^'es'dent. 
said  Board  of  Commissioners  shall  take  and  subscribe  the  oath  admin- 
istered to  the  Mayor  and  members  of  the  General  Council,  and  shall 
■keep  a  record,  in  books  to  be  kept  for  that  purpose,  of  the  acts  and  oath. 
doings  of  said  board,  a  full  report  of  which  shall  be  made  annually  to 
the  Mayor  and  General  Council  of  said  city,  and  the  books  of  said 
board  shall  be  subject  to  examination  at  any  time  by  persons  author- 
ized to  do  so  by  the  Mayor  and  General  Council. 

Sec.  81.     A  majority  of  said  board  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  all  contracts  and  engagements,  acts  *''"°''"'"- 
and  doings  of  said  board,  within  the  scope  of  their  duty  or  authority.  Legal  Acts 
shall  be  obligatory  upon,  and  be  in  law  considered  as  if  done  by  the  see'^iat1r^A?ts^ 
Mayor  and  General  Council  of  the  City  of  Atlanta ;  and  the  said  City  ^wefr  of 
of  Atlanta,  and  all  the  real  estate  within  the  City  of  Atlanta,  shall  Srai'^Coun- 
be  liable  for  the  payment  of  the  principal  and  interest  that  may  be-  '''^' 
come  due  on  the  bonds  or  obligations  to  be  issued  by  virtue  of  this  act. 

Sec.  82.  The  said  board  shall,  for  (and  in  the  name  of)  the  Mayor 
and  General  Council  of  the  City  of  Atlanta,  take  and  hold  the  lands 
and  real  estate,  rights,  franchises,  and  property  of  every  kind  so  pur-  powers, 
chased  by  the  board  aforesaid,  and  other  lands,  real  estate,  or  prop- 
erty, necessary  in  their  opinion  for  the  construction  of  any  canals, 
aqueducts,  reservoirs,  or  other  works  for  conveying  or  containing  wa- 
ter, or  for  the  erecting  of  any  building  or  machinery,  for  laying  anv 
pipes  or  conduits  for  conveying  the  water  into  or  through  the  said 
places,  or  to  secure  and  maintain  any  portion  of  the  works,  and  in  gen- 
eral to  do  any  other  act  necessary  or  convenient  for  accomplishing  the 
purposes  contemplated  by  this  act. 

Sec.  83.  In  case  of  a  disagreement  between  said  board  and  the 
owners  of  any  lands,  or  water-rights,  or  franchises,  necessary  for  the 
construction  of  said  waterworks,  or  anything  appertaining  thereto,  or  i^mror^'injur- 
as  to  the  price  to  be  paid  therefor,  as  to  the  damage  done  thereto,  or  iate.'^^'*'  ^* 
the  owner  of  said  land,  or  water-rights,  or  franchises,  shall  be  a  mar- 
ried woman,  or  an  infant,  or  insane,  or  shall  be  absent  from  tlie  State, 
then  it  shall  and  may  be  lawful  for  the  judge  of  the  Superior  Court  of 
Fulton   County,  upon  application  of  either  party,  or  in  case  such 

1  See  Act  October  1st,  1887. 


32 


Part  I. — Charter. 


Appeal. 


owner  shall  be  unknown,  or  can  not  be  found,  then,  upon  notice  of 
such  application  at  said  court,  may  direct  to  appoint  three  disinter- 
ested persons  to  examine  said  property,  and  to  assess  the  value  thereof, 
or  the  damage  done  to  the  same,  who  shall,  with  as  little  delay  as  pos- 
sible, discharge  said  duty,  after  having  taken  an  oath  before  some  of- 
ficer authorized  to  administer  the  same,  impartially,  to  the  best  of 
their  ability,  and  make  a  return  of  their  actings  and  doings  in  the 
premises,  to  the  next  term  of  the  Superior  Court  of  Fulton  County,  to 
be  entered  on  the  minutes  of  said  court,  and  made  the  judgment 
thereof:  Provided,  that  in  case  either  party  is  dissatisfied  with  said 
award,  he  or  they  may  appeal  to  the  Superior  'Court  of  said  county, 
and  have  said  case  tried  by  a  special  jury,  as  in  usual  cases  of  appeal, 
upon  giving  to  the  opposite  party  notice  within  ten  days  after  the 
making  of  said  award,  of  his  intention  to  do  so,  and  giving  bond  with 
good  security  for  the  payment  of  all  costs  and  damages  which  may  ac- 
crue to  the  opposite  party  by  reason  of  entering  said  appeal :  And, 
provided  further,  that  the  work  on  said  waterworks  shall  not  be  de- 
layed by  reason  of  entering  said  appeal. 

Sec.  84.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
are  hereby  authorized  to  condemn  property  which  may  be  needed,  in 
the  judgment  of  said  Mayor  and  General  Council,  to  enlarge  its  water- 
works plant,  or  grounds,  the  condemnation  proceedings  in  all  cases  to 
conform  to  the  laws  of  the  State  authorizing  and  regulating  the  con- 
demnation of  private  property  for  public  uses. 

Sec.  85.  Whenever  such  report  shall  have  been  made  the  judgment 
of  said  court,  and  no  appeal  has  been  entered,  as  aforesaid,  the  said 
board  shall,  within  two  months  thereafter,  pay  to  the  said  owner  or  to 
such  person  or  persons  as  the  court  may  direct,  the  sum  mentioned  in 
said  report,  in  full  compensation  for  the  property  so  required,  or  for 
the  damages  sustained,  as  the  case  may  be,  and  in  all  cases  when  the 
title  or  interest  of  any  person  or  persons  in  lands  required  and  taken 
up  for  the  purpose  of  this  Act  is  doubtful  or  disputed,  or  in  case  said 
owner  shall  be  unknown,  insane,  non  compos  mentis,  or  an  infant,  or 
can  not  be  found,  the  value  of,  or  damage  to,  such  lands,  awarded  by 
the  Commissioner  appointed  by  said  judge  of  the  Superior  Court,  may 
be  paid  into  said  court,  upon  affidavit  made  of  such  facts  by  the  claim- 
ant, his  agent,  or  attorney,  and  such  payments  shall  have  the  same  ef- 
fect as  if  made  to  the  owner  thereof,  and  the  said  court  may  proceed 
in  a  summary  way,  upon  petition  of  any  person  claiming  to  be  the 
owner  of  said  lands,  or  any  part  thereof,  and  to  what  person  or  persons 
the  said  money  shall  be  paid,  and  shall  have  power  to  distribute  the 
same  among  the  persons  entitled  thereto,  and  thereupon  the  Mayor 
and  General  Council  of  the  City  of  Atlanta  shall  become  seized  in  fee 
simple  of  such  property  so  required,  and  shall  be  discharged  from  all 
claims  by  reason  of  such  damage.' 


And   see   Act 
of   1894   for 
uniform     ron- 
demnation 
proceeding's. 


Payment  for 
property  or 
damage. 

Act   of   1874. 


See    Act    1894    on    condemnation    of    priv: 
which  provides  rule  for  proceedings. 


Code   1895,      Section    4657,    ct    scq. 


Acts  of  Incorporation.  ,  33 


Sec.  86.  The  said  Board,  in  behalf  of  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  and  all  persons  acting  under  their  H'H^^^  m^^' 
authority,  shall  have  the  right  to  use  the  ground  or  soil  under  any  _ 
road,  railroad,  highway,  street,  lane,  alley  or  court,  within  the  State, 
for  the  purpose  of  constructing,  enlarging,  or  improving  any  of  the 
work  contemplated  by  virtue  of  this  Act,  upon  condition  that  they 
shall  not  permanently  injure  any  such  railroad,  highway,  street,  lane, 
alley  or  court  to  be  restored  to  its  original  state,  and  all  damages  done 
thereto  be  repaired. 

Sec.  87.     All  contracts  for  material,  or  for  the  construction  of  any 
part  of  said  work,  which  shall  involve  the  expenditure  of  iive  hundred  contracts— 

^  ■'  '  when   in   writ- 

dollars  or  more,  shall  be  made  in  writing,  and  of  each  contract  two  '"^• 
copies  shall  be  taken,  which  shall  be  numbered  with  the  number  of 
said  contract,  and  endorsed  with  the  name  of  the  contractor,  and  a 
summary  of  the  work  to  be  done,  or  inaterial  to  be  furnished.     One  of 
the  said  copies  shall  be  deposited  with  the  auditor  of  accounts'  of  the  ^„  „ 
City  of  Atlanta  and  one  shall  be  retained  by  said  board.     The  said  posited. 
Board  shall  have  authority  to  require  from  any  person  or  persons  with 
whom  they  shall  enter  into  a  contract,  satisfactory  security  for  the  „ 
faithful  performance  of  said  contract,  according  to  its  terms,  and  no  *^''^'»- 
member  of  said  board  shall  be  interested,  directly  or  indirectly,  in  any 
contract  relating  to  said  work. 

Sec.  88.     For  the  purpose  of  purchasing  material  and  constructing 
the  said  Atlanta  waterworks,  the  Board  of  Commissioners  shall  be  „ 

May  issue 

authorized  to  issue  for,  and  in  behalf  of.  the  City  of  Atlanta,  certain  ^°°<^®7"°P=*.  ^'^ 

^  .5  exceed    $500,- 

obligations,  which  shall  be  known  as  "Atlanta  Water  Bonds,'"'  and  of  ™o. 
such  denominations  as  convenience  requires,  to  the  amount  of  not  ex-  -^'t  of  i874. 
ceeding  five  hundred  thousand  dollars  ($500,000),  less  amount  already 
issued  heretofore  by  the  Mayor  and  Council  of  said  city,  for  the  pur- 
pose of  constructing  said  waterworks,  bearing  interest  at  the  rate  of 
seven  per  cent,  per  annum,  redeemable  at  the  City  of  New  York  thirty 
years  from  date,  the  interest  of  which  shall  be  paid  semi-annually  in 
the  City  of  New  York  on  all  the  bonds  to  which  this  Act  refers.  That 
the  Mayor  and  Treasurer  of  the  City  of  Atlanta  shall  sign  and  seal 
said  "Atlanta  Water  Bonds,"  and  the  coupons  attached,  and  the  Pres- 
ident of  the  Board  shall  coimtersign  the  same.  The  Board  of  Water 
Commissioners  of  the  City  of  Atlanta  shall  not  be  empowered  to  issue 
any  more  bonds." 

Sec.  89.     For  the  purpose  of  paying  interest  on  bonds  which  shall  ^^^^^^^  ^^  j^. 
have  been  sold,  and  before  a  revenue  can  be  realized  from  said  water-  J-^rest  on 

bonds. 

works,  not  yet  completed,  the  interest  which  may  fall  due  on  bonds 
disposed  of,  the  Mayor  and  General  Council  of  Atlanta  shall  provide 
by  tax  for  the  payment  of  said  interest.^  * 

1  City   Comptroller. 

2  See  later  Acts  authorizing  issue   of  new  waterworks  bonds. 

3  See  Act  August  29th,  1879. 

■t  Whole  income  now  goes  into  city  treasury,  from  which  expenses  are  paid. 
(3) 


34  /  Paet  I. — Charter. 


Sec.  90.  Said  city  is  hereby  authorized  to  issue  bonds  of  said  city 
to  the  amount  of  five  hundred  thousand  ($500,000)  dollars,  said 
bonds,  or  the  proceeds  thereof,  to  be  used  only  for  the  construction  or 
equipment  of  new  waterworks  to  supply  said  city  and  people  with  wa- 
1891  ^"^^*  ^^'  ter  for  fire,  sanitary,  domestic  and  other  purposes.  Said  bonds  shall 
be  of  such  denomination,  and  become  due  at  such  time  as  the  Mayor 
and  General  Council  of  said  city  may  determine,  and  shall  bear  inter- 
est at  a  rate  not  to  exceed  four  and  one-half  per  cent,  per  annum. 
The  Mayor  and  General  Council  of  said  city  may  in  their  discretion 
make  the  principal  and  interest  of  said  bonds,  or  of  either,  payable  in 
gold,  or  in  gold  or  the  equivalent  thereof.  And  said  Mayor  and  Gen- 
eral Council  may  also,  in  their  discretion,  make  the  principal  and  in- 
terest of  the  bonds  heretofore  authorized  to  be  issued  by  said  city 
likewise  payable  in  gold,  or  gold  or  its  equivalent,  as  to  principal  or 
interest,  or  both. 

Sec.  91.     The  grants  of  authority  to  said  City  of  Atlanta  to  con- 
struct new  waterworks,  to  acquire  property  for  that  purpose  by  pur- 
fhoritThere"'    chase  or  condemnation,  to  issue  bonds  to  be  sold  to  pay  the  expenses 
tofore  granted,  ^f  ^^le  coustruction  of  such  works,  and  all  the  authority  heretofore 
granted  said  city  in  reference  to  the  proposed  system  of  waterworks, 
is  continued  in  full  force  and  effect,  especially  all  the  provisions  of  the 
Act  approved  September  5,  1885,  October  1,  1887,  and  December  4, 
1889,  except  section  7  of  the  Act  of  1885,  aforesaid,  providing  for  the 
use  of  the  sinking  fund  of  said  city,  and  all  authority  heretofore 
granted  any  system  of  waterworks,  or  hereafter  to  be  granted  to  any 
such  system,  is  hereby  conferred  upon  the  City  of  x4.tlanta  with  refer- 
ence to  the  system  of  waterworks  herein  authorized  to  be  constructed. 
Sec.  93.     In  addition  to  the  authority  to  issue  two  hundred  and 
May  deposit      fifty  thousand  ($250,000)  dollars  of  thirty  year  four  per  cent,  bonds 
wow^on       of  said  city,  authorized  by  the  Act  of  December  4,  1889,  and  already 
tracT'tempo"'"'  asseutcd  to  by  vote  of  the  people,  as  required  by  law,  and  the  issue  of 
coStrudfin?     which,  and  the  means  of  payment  thereof  have  been  provided  for  by 
new  water^-'"°   an  Ordinance  of  said  city,  approved  December  19,  1890,  and  of  the 
works.  further  issue  of  five  hundred  thousand  ($500,000)  dollars  bonds  au- 

thorized by  this  Act,  provided  such  latter  issue  be  first  assented  to  by 
vote  of  the  people,  as  required  by  law,  and  be  provided  for  by  ordi- 
nance of  the  Mayor  and  General  Council  of  said  city.  Said  Mayor 
and  General  Council  are  further  authorized  as  follows :  The  expenses 
of  the  construction  and  putting  into  operation  of  the  system  of  water- 
works aforesaid,  may  be  provided  for  and  paid  as  folloAvs,  to  wit :  If 
the  two  series  of  bonds  so  provided  for  be  sold,  the  proceeds  of  the 
sale  thereof,  so  far  as  necessary,  may  be  expended  by  the  Board  of 
Water  Commissioners,  subject  to  the  approval  and  direction  of  the  said 
Mayor  and  General  Council  of  said  city,  in  paying  the  expenses  of  the 
construction  of  the  new  system  of  waterworks  and  putting  them  into 
operation.     And  if  the  bonds  aforesaid,  or  any  of  them,  be  not  sold  for 


Acts  of  Incorporation.  35 


want  of  a  fair  price,  then  said  Mayor  and  Greneral  Council  may  de- 
posit said  bonds,  or  such  portion  of  them  as  may  be  necessary,  in  the 
Treasury  of  the  City  of  Atlanta,  and  may  use  them  in  connection  with 
all  real  estate,  machinery  and  pipes,  and  other  property,  of  whatever  j^a'ns'o^feith 
description  belonging  to  the  proposed  system  of  waterworks,  as  a  basis  "[(. ^"^ authoV- 
of  credit  for  such  temporary  loans  as  may  be  found  necessary  to  the  '="-'^- 
speedy  construction  of  such  waterworks.  All  such  loans  are  credits 
to  be  paid  in  full  upon  the  sale  of  the  bonds  aforesaid  by  city.  And 
said  Mayor  and  General  Council  is  further  authorized,  in  its  discre- 
tion, to  contract  for  the  whole,  or  any  part,  of  the  expenses  of  con- 
structing and  putting  into  operation  the  proposed  system  of  water- 
works, if  not  paid  for  in  cash,  a  debt  to  bear  interest  at  five  per  cent, 
per  annum;  provided,  that  the  whole  debt  or  debts  thus  contracted, 
with  such  temporary  loans  as  may  be  made  as  hereinabove  provided 
for,  and  the  amount  of  bonds  sold  for  the  purpose  of  said  waterworks, 
shall  not  exceed  in  the  aggregate  the  sum  of  seven  hundred  and  fifty 
thousand  ($750,000)  dollars,  said  amount  of  seven  hundred  and  fifty 
thousand  dollars,  when  added  to  the  present  debt  of  said  citv,  leaving 
the  whole  debt  thereof  below  the  constitutional  limit  of  seven  (7)  per 
cent,  of  the  value  of  the  taxable  property  in  the  city. 

Sec.  93.     The  Mavor  and  General  Council  of  said  city  are  further  „,  , 

'  ^  •'  Pledge  good 

authorized  to  pledge  the  good  faith  of  said  City  of  Atlanta,  and  its  ^'^i^'^-  ^*■'^■ 
taxing  power,  for  the  prompt  and  full  payment  of  the  bonds  of  said 
city,  issued  and  sold  for  the  purpose  of  providing  funds  for  said  system 
of  waterworks. 

Sec.  94.  Any  debt  contracted  under  authority  heretofore  granted,  ^^gsent  of  peo- 
or  under  authority  of  this  Act,  and  not  to  be  paid  within  the  year  p^®  necessary, 
within  which  it  is  contracted,  must  first  be  assented  to  by  a  vote  of  the 
people,  as  required  by  the  Constitution  and  laws  of  this  State ;  provid- 
ing, hoioever,  that  a  vote  of  the  people  authorizing  the  creating  of  such 
debt  by  the  issue  and  sale  of  bonds  of  the  city  shall  be  held  to  equally 
assent  to  the  creation  of  such  debt  in  the  form  of  loans  as  aforesaid ; 
provided,  the  Mayor  and  General  Council  may  make  temporary  loans 
or  appropriations  for  biiilding  and  constructing  said  new  system  of 
waterworks,  but  such  temporary  loans  or  appropriations  shall  not  per- 
manently take  any  of  the  annual  income  from  the  other  departments 
of  the  city,  but  all  such  temporary  loans  or  appropriations  shall  be 
made  and  used  on  condition  that  they  are  to  be  repaid  into  the  treas- 
ury of  the  city  from  the  proceeds  of  the  sale  of  the  bonds  aforesaid  for 
the  current  general  uses  of  the  said  city ;  provided,  that  nothing  in  this 
Act  or  in  the  foregoing  proviso  shall  be  so  construed  as  to  prevent  the 
appropriation  of  so  much  of  the  annual  income  as  may  be  necessary 
to  pay  the  interest  accruing  on  the  bonds  aforesaid,  or  providing  for 
their  redemption. 

Sec.  95.     The  proceeds  of  the  sale  of  the  bonds  aforesaid,  or  of  Proceeds  oedi- 
temporary  loans  effected,  are  sacredly  dedicated  to  the  purpose  of  con-  "**^*^' 


36  Pakt  I. — Charter. 


structing  and  putting  into  operation  such  system  of  waterworks,  and 
shall  not  be  used  for  any  other  purpose.' 

Sec.  96.     The  Mayor  and  General  Council  of  the  City  of  Atlanta 

b(Sds''$25o*ooo  ^^®  authorized  to  issue  two  hundred  and  fifty  thousand  $350,000) 

4  per  cent.       dollars  of  the  four  per  cent,  bonds  of  said  city,  to  run  not  exceeding 

Pa  ment  thirty  years,  an(J  to  be  payable,  both  principal  and  interest,  in  gold 

coin  of  the  United  States  of  the  present  standard  of  weight  and  fine- 

1892  ^^'^'   ^^'   ^^^^'  °^  ^^^  equivalent,  for  the  purpose  of  adding  to  and  enlarging  the 

plan  of  the  new  waterworks,  and  completing  and  equipping  the  same ; 

provided,  the  issue  of  said  bonds  is  assented  to  by  a  two-thirds  ma- 

vwters^'m'Jfst      jo^ity  of  the  qualified  voters  of  said  city  at  an  election  of  which  legal 

assent.  noticc  shall  have  been  given. 

Sec.  97.     The  Mayor  and  General  Council  of  the  City  of  Atlanta 
$250,000  41/2  per  ^^^  hcrebv   authorized  to   issue  bonds   to   the   amount   of   two   hun- 
cent.  bonds,     ^^^.g^j  ^^^   flf^y    tliousaud    doUars   ($250,000),    or    so    much  thereof 
im  ^^°'  *'      ^s  ^^y  ^6  necessary  and  allowed  by  the  Constitution  of  the  State,  in 
such  denominations  and  to  be  due  at  such  time  as  they  may  deter- 
mine, and  to  bear  interest  at  a  rate  not  to  exceed  four  and  a  half  (4-|) 
per  cent,  per  annum  for  the  purpose  of  increasing  the  water  supply  of 
the  City  of  Atlanta. 

Sec.  98.     The  Mayor  and  General  Council  of  the  City  of  Atlanta 
are  hereby  authorized  to  issue  and  sell  bonds  of  said  City  of  Atlanta  to 
the  amount  of  $200,000  to  run  thirty  years  and  bearing  interest  at 
the  rate  of  four  per  cent,  per  annum;  the  principal  and  interest  of 
$200,000  30  year  these  bonds  shall, be  payable  in  gold  coin  of  the  United  States  of 
y^bonds  for  America  of  the  present  standard  of  weight  and  fineness,  or  its  equiva- 
Tiuhori^edlf    ^ent ;  the  interest  to  be  evidenced  by  coupons,  and  paid  semi-annually ; 
pi'e^fn "isog^OT  the  proceeds  of  which  bonds  shall  be  devoted  exclusively  to  the  laying 
1900.  q£  water  mains  within  the  City  of  Atlanta ;  provided,  the  qualified  vo- 

1898.  ■'^'^*^'  ^^'  ters  of  said  city  assent  by  the  requisite  two-thirds  majority  to  the  issue 
of  such  bonds  at  an  election  to  be  held  at  any  time  in  the  year  1899  or 
1900,  when  called  by  the  Mayor  and  General  Council  of  the  City  of 
Atlanta,  in  accordance  with  the  general  laws  of  the  State  regulating 
the  holding  of  elections  for  the  issue  of  county  and  municipal  bonds ; 
provided  further,  that  a  special  registration  of  the  qualified  voters  of 
said  city  shall  be  made  for  the  bond  election  herein  provided  for,  but 
no  qualified  voter  of  said  city  already  registered  as  such  voter  for  the 
same  year  in  which  the  election  is  held  shall  be  left  off  the  list  of  qual- 
ified voters  for  such  bond  election,  except  that  the  list  of  qualified  vo- 
ters for  such  bond  election  may  be  purged  of  the  names  of  those  who 
have  died  or  have  removed  from  the  limits  of  the  city  after  registering 
and  before  holding  of  such  bond  election. 

Sec.  99.  In  case  of  the  issue  of  such  bonds  a  special  tax  shall  be 
levied  for  each  year  such  bonds  are  to  run,  sufficient  in  amount  to  raise 
the  interest  accruing  on  such  bonds  and  one-thirtieth  of  the  principal 

1   See  Act  August  21st,  1891. 


Acts  of  Incorporation.  37 


of  such  bonds,  and  the  interest  shall  be  paid  semi-annually,  as  afore- 
said, and  the  money  raised  on  account  of  the  principal  of  such  bonds  fax'''r"equired. 
shall  be  kept  in  a  sinking  fund  under  the  charge  of  the  commissioners  ^^j.  ^^^    20, 
of  the  sinking  fund  of  the  City  of  Atlanta,  if  a  sinking  fund  [commis-  ^^''^• 
sion]  shall  have  been  provided  for  by  ordinance,  until  it  can  be  applied 
to  the  payment  of  the  bonds  in  whole  or  in  part,  at  or  before  their  ma- 
turity, and  if  no  sinking  fund  commission  is  provided,  said  sinking  fund 
•shall  be  invested  by  the  ]\Iayor  and  General  Council  in  their  discretion. 

Sec."  100.     The  said  board^  shall  regulate  the  distribution  apd  use  Distribution 
of  said  water  in  all  places,  and  for  all  purposes  where  the  sam.e  may  ° 
be  required,  and  from  time  to  time  shall  'fix  the  price  for  the  use 
thereof,  and  the  time  of  payment,  and  they  shall  erect  such  number  of 
public  hydrants  and  in  such  places  as  they  shall  see  fit,  and  direct  in 
what  manner  and  for  what  purpose  the  same  shall  be  used,  all  of 
which  they  may  change,  at  their  discretion :     Provided,  that  all  con-  Appliance  to 
duits  or  appliances  required  and  furnished  for  the  purpose  of  extin-  fires"^'* 
guishment  of  fires  shall  be  erected  at  the  expense  of  the  Mayor  and 
General  Council  of  the  City  of  Atlanta,  and  placed  as  they  shall  di- 
rect, and  be  under  their  exclusive  control  and  direction. 

Sec.  101.  The  said  board  shall  have  full  power  and  authority  to 
require  the  payment  in  advance  for  the  use  or  rent  of  water  furnished  watw^*^ 
by  them,  in  or  upon  any  building,  place  or  premises,  and  in  casei874. 
prompt  pavTnents  shall  not  be  made,  they  may  shut  o£E  the  water  from 
such  building,  place  or  premises,  and  shall  not  be  compelled  again  to 
supply  said  building,  place  or  premises  with  water  until  said  arrears, 
with  interest  thereon,  shall  be  fully  paid.' 

Sec.  102.     The  said  board  shall  make  no  contract  for  the  price  of  No  water  con- 
using  the  water  for  a  longer  time  than  three  years,  and  at  the  expira-  than  Vree^" 
tion  of  any  term  or  lease,  the  price  paid  for  the  use  thereof  shall  be  ^^^"^^^ 
adjusted  according  to  the  regulations  then  established. 

Sec.  103.  If  any  person  or  persons  shall  maliciously  or  willfully 
divert  the  water,  or  any  portion  thereof,  from  the  said  works,  or  shall  mg  pipes,  etc. 
corrupt  or  render  the  same  impure,  or  shall  destroy  or  injure  any  ca-  is74. 
nal,  aqueduct,  pipe,  conduit,  machinery,  or  other  property  used  or  re- 
quired for  procuring  or  distributing  the  water,  such  person  or  per- 
sons, and  their  aiders  and  abettors,  shall  forfeit  to  the  said  board,  to 
be  recovered  in  an  action  of  trespass,  treble  the  amount  of  damages 
(besides  cost  of  said  suit),  which  shall  appear  on  trial  to  have  been 
sustained,  and  all  such  acts  are  hereby  declared  to  be  misdemeanors ; 
and  the  parties  found  guilty  thereof  may  be  further  punished  by  fine 
not  exceeding  one  thousand  dollars,  or  by  imprisonment  not  exceeding 
one  year,  or  both,  at  the  discretion  of  the  court. 

Sec.  104.     The  Mayor  and  General  Council  of  said  city  shall  have 
full  power  and  authority  to  establish  reasonable  police  and  sanitary 


1  Water  Commissioners. 

2  See  case  of  Burton  vs.    Atlanta,   90   Ga.,    upholding;   this  section. 


Part  I. — Charter. 


Police   and 
sanitary    regu- 
lations  new 
waterworks. 


May    execute 
promissory 


regulations  over  the  new  waterworks  of  said  city,  located  at  the  Chat- 
tahooche  river,  near  the  month  of  Peachtree  creek,  in  Fulton  county, 
and  along  the  pipe  line  of  said  waterworks  system,  between  said  river 
and  the  City  of  Atlanta,  including  said  pipe  line,  the  reservoir  of  said 
new  waterworks  system,  the  water-shed,  and  all  lands  occupied  for  the 
purposes  of  water  supply,  and  to  punish  a  violation  of  such  rjegulations 
by  fine  or  imprisonment,  as  in  case  of  violations  of  other  ordinances 
of  said  City  of  Atlanta.' 

Sec.  105.  All  lands  and  real  estate,  and  property  of  every  kind,  so 
held  as  aforesaid,  by  the  said  board,  and  in  the  name  of  the  Mayor  and 
General  Council  of  the  City  of  Atlanta,  shall  be  exempted  from  taxes 
and  assessments. 

Sec.  106.  The  said  board  shall  be  authorized  to  execute  promis- 
sory notes,  or  accept  drafts  for  any  of  the  legitimate  purposes  of  the 
said  works,  in  anticipation  of  the  receipts  of  the  proceeds  of  the  sale 
of  the  bonds  hereinbefore  authorized  to  be  issued  by  them,  or  of  the 
revenue  of  the  said  works :  Provided,  however,  that  the  whole  amount 
of  the  permanent  indebtedness  of  the  city  to  be  increased  by  them  by 
virtue  of  this  Act,  shall  not  exceed  the  sum  of  five  hundred  thousand 
dollars." 

Sec.  107.  The  said  board  shall  have  power  to  make  rules  and  reg- 
ulations respecting  the  introduction  of  water  into  or  upon  any  prem- 
ises, and,  from  time  to  time,  to  regulate  the  use  thereof  in  such  man- 
ner as  shall  seem  to  them  necessary  and  proper,  and  the  members  of 
said  board,  and  all  engineers,  superintendents,  or  inspectors  in  their 
service,  are  hereby  authorized  and  empowered  to  enter  at  all  seasonable 
hours,  any  dwelling  or  other  places  where  said  water  is  taken  and 
used,  and  where  unnecessary  waste  thereof  is  known  or  suspected,  and 
examine  and  inquire  into  the  cause  thereof.  They  shall  have  full 
power  to  examine  all  surface-pipes,  stop-cocks,  and  other  apparatus 
connected  with  the  said  works,  for  the  purpose  of  ascertaining  whether 
the  same  are  of  the  character  and  dimensions,  and  fixed  in  the  manner 
directed  in  permits  issued  therefor ;  and  if  any  person  refuse  to  permit 
such  examination,  or  oppose  or  obstruct  such  officer  in  the  perform- 
ance of  such  duty,  he,  she  or  they  so  offending  shall  be  liable  to  such 
penalty,  not  exceeding  ten  dollars,  for  such  offense  as  the  board  may 
impose,  and  the  supply  of  water  may  also  be  shut  off  until  the  required 
examination  is  made,  and  such  alterations  and  repairs  are  completed 
as  may  be  necessary. 

Sec.  108.  In  order  to  create  a  fund  for  the  payment  of  said  bonds 
at  their  maturity,  it  shall  be  the  duty  of  the  Mayor  and  General 
Council  of  said  City  of  Atlanta  to  raise  annually  by  tax,  the  sum  of 
thirty-five  hundred  dollars,  until  said   bonds  shall    bo  paid   nnd    i-c- 


Board  may 
make  rules, 
etc. 


Examine   ap- 
paratus,   etc. 


1  See   Act   December   17th,   1892. 

2  This  section  has  never  been  repealed  by  any  express    legislati 

solete. 


but    seems    to 


Acts  of  Incorporatiox.  39 


deemed.     [On  and  after  January  1,  1880,  all  money  collected  f rom  i^^^^^^^  ^^  ^^ 
water  rents,  and  any  other  income  from  said  waterworks,  shall  be  paid,  J^-relsil^y?  ^"^ 
as  collected,  to  the  Clerk  of  Council  of  the  city,  and  by  him  into  the  ^^^  ^^^  go, 
City  Treasury,  and  the  necessary  funds  to  carry  on  said  waterworks  ^^"^■ 
shall  be  paid  out  of  the  City  Treasury  on  orders  of  the  Mayor  and 
General  Council.] 

Sec.  109.     Said  board  shall  by  the  first  meeting  of  the  Mayor  and  ^^^^^^^  ^^  ^p. 
General  Council  in  May  of  each  year,  file  with  said  body  an  estimate  ?oTeTenie"^ 
of  the  probable  receipts  from  water  rents  and  other  income,  if  any,  ^^^  ^^  jg^^ 
and  of  the  amount  necessary  to  run  said  waterworks  during  the  cur- 
rent year.     Said  Mayor  and  General  Council  shall  then,  and  at  the 
same  time  that  other  appropriations  are  made,  make  such  appropria- 
tions, and  set  apart  such  amount  for  said  waterworks,  as  may  be  neces- 
sary for  the  economical  and  successful  operation  of  the  same;  and 
shall  pay  the  same  over  to  the  Board  of  Water  Commissioners  as  it 
may  be  needed. 

Sec.  110.     The  annual  appropriation  for  waterworks  shall  never  Expenses  to  be 

,    .  ,    .  ,  T  confined   to   in- 

exceed  the  estimated  annual  income,  except  m  an  extraordinary  emer-  come. 
gency,  to  be  judged  of  by  the  Mayor  and  General  Council.  Act  i874. 

Sec.  111.     The  sinking-  fund  of  thirty-five  hundred  dollars,  which 

...  .       ,  ,  Sinking  fund. 

the  Mayor  and  General  Council  of  said  city  are  required  to  raise  an- 
nually by  taxation,  shall  hereafter  be  invested,  managed  and  expended  isro. 
by  the  Mayor  and  General  Council  instead  of  the  Board  of  Water  Com- 
missioners of  said  city. 

Sec.  112.     The  members  of  said  board  shall  receive  each  an  annual  ^  ^   _ 

-^  Salaries    of 

salary  of  one  hundred  dollars.' '     The  said  Mayor  and  General  Coun-  board, 
cil  shall  be  authorized  by  a  committee  of  their  own  number,  or  other- 

.  Mayor   and 

wise,  to  inspect  semi-annuallv,  or  oftener,  the  state  and  condition  of  General  coun- 

'  ^  •  --  cil    may    in- 

the  works  and  property  thereto  belonging,  and  the  said  board  shall  spect   works, 
give  them  every  reasonable  facility  and  assistance  in  making  such  in- 
spection. 

Sec.  113.     The  i\Iayor  and  General  Council  of  the  City  of  Atlanta  ^^    ^ 

-'  .;  -  Members    of 


may,  at  any  time,  remove  any  member  of  said  board  :  provided,  it  shall  the  Board  re- 

J '  ^  '  ^  ^    i  moved    for 

satisfactorily  appear,  after  reasonable  notice  to  the  parties,  and  hear-  cause. 
ing  the  cause  of  complaint  and  answer  thereto,  if  any  should  be  offered,  is74. 
that  the  member  whose  removal  is  sought  has  been  guilty  of  malad- 
ministration or  neglect  of  the  duties  of  his  office,  that  his  removal  will 
be  right  and  proper,  and  two-thirds  of  the  members  elected  to  said 
Council  shall  concur  in  such  removal. 

Sec.  114.     The  said  Board  of  Commissioners  shall  have  power  to  ^     ^ 

^  Board    may 

appoint  a  competent  engineer  for  the  construction  of  said  waterworks,  appoint^  engi- 
and  to  fix  his  compensation  therefor  while  so  employed ;  also,  to  em-  clerks,  etc. 
ploy  such  clerks  and  laborers  as  may  from  time  to  time  be  found  need-  i874. 
ful,  and  fix  their  compensation. 


1  Act  December  23,   1896. 

2  No  salary  since   Act   Dec.   20,   189S. 


40  Part  I. — Charter. 


Sec.  115.     The  City  of  Atlanta  is  hereby  authorized  and  empowered 
to  enlarge  and  improve  the  existing  water  supply  and  waterworks  of 

1885  ^''^^'  ^'  ^^^^  ^^^y  ^^  ^^y  manner  and  to  any  extent  that  is  or  may  be  needful, 
from  the  present  or  from  any  other  site  or  sites ;  that  ^said  city  shall 
have  the  power  to  acquire  all  rights  and  property,  real  and  personal, 
necessary  or  appropriate  for  affording  a  complete  and  sufficient  supply 
of  reasonably  pure  and  clear  water  to  said  city,  and  shall  have  power 
to  acquire  and  hold  or  use  all  such  rights  and  property,  both  within 
the  limits  of  said  city  and  anywhere  in  this  State,  including  ownership 
of  and  dominion  in  whole  or  in  part  over  the  water-shed  from  which 
the  water  to  be  supplied  is  gathered,  however  large  the  tract  of  land 
necessary  for  the  purpose  may  be,  so  as  to  let  said  water-shed  grow  up 
in  grass  and  trees  without  manuring  or  tillage  or  other  hurtful  use, 
and  so  as  to  keep  the  water  clear  and  pure. 

Sec.  116.     The  said  city  shall  hav.e  power  to  cause  such  examina- 

survevs   etc      tious  and  survcys  to  be  made  for  the  proposed  work  contemplated  in 

jggg  this  bill  as  shall  be  necessary  or  proper  to  the  selection  of  the  most 

advantageous  location  or  locations,  site  or  sites,  water-shed  or  sheds, 
and  right  or  rights,  way  or  ways,  for  locating  all  their  works  and  ap- 
pliances for  bringing  the  water  and  distributing  it  in  the  city,  and 
for  carrying  out  the  object  of  this  bill ;  and  for  such  purpose  the  said 
city,  by  its  officers,  agents,  servants  or  employees,  shall  have  the  right 
to  enter  upon  the  land  or  water  of  any  person,  and  all  the  rights,  pow- 
ers and  privileges  heretofore  conferred  by  the  Legislature  under  any 
bill  enacted  by  the  same  upon  said  city  for  erecting  and  maintaining 
waterworks,  are  hereby  revived  and  continued  in  full  force  for  the  pur- 
poses of  this  Act,  in  extending  said  waterworks,  or  in  erecting  new 
waterworks,  either  or  both,  as  the  case  may  be. 

Sec.  117.     The  city,  by  its  agents  aforesaid,  may  construct  its  works 

Rights  of  way,  or  lay  its  pipes,  upon  acquiring  the  property  or  right  so  to  do,  as  the 
case  may  be,  with  the  necessary  way  or  ways,  dams,  canals,  raceways, 
reservoirs,  excavations,  or  embankments,  and  do  all  acts  and  things 
necessary  for  the  construction  and  maintenance  of  said  works,  and 
shall  have  power  to  lease  or  buy  or  condemn  any  property,  real  or  per- 
sonal, anywhere  in  this  State  for  the  purpose,  or  acquire  the  same  by 

Lease,  pur-  douation,  and  to  sell,  lease  or  dispose  of  any  part  thereof  not  found 
necessary  for  the  works,  at  the  pleasure  of  the  city ;  and  said  city,  by 
its  agents  as  aforesaid,  shall  have  power  to  obtain  gravel,  stone,  earth, 
timber,  or  other  material,  and  to  take  such  land  as  may  be  necessary 
for  the  proper  construction,  operation  and  security  of  said  works,  and 
to  cut  down  any  trees  that  may  be  necessary  therefor,  or  security  of  the 
same,  making  compensation  therefor,  as  by  this  bill,  or  under  the  law 
provided  for  property  taken  for  public  use,  and  shall  have  all  other 
powers  and  authority  necessary  and  appropriate  to  accomplish  the  ob- 
jects of  this  Act. 

Sec.  118.     Said  city  shall  have  power  to  use  and  employ  for  the 


etc 


chase,    sale 


Acts  of  Incorporation.  41 


purpose  of  said  works  any  stream  or  streams  of  water  or  water-course  ^.^^  ^^  streams 

or  water-courses,  or  any  part  of  such  waters,  which  by  said  city  shall  ^j^g. 

be  deemed  necessary  and  appropriate ;  to  use  such  waters  by  employing 

the  same  for  power  to  run  or  move  the  necessary  machinery,  or  for 

pumping  through  the  mains  and  distributing  over  the  city,  either  or 

both,  as  the  case  may  be;  making  compensation  therefor  as  by  law 

required. 

Sec.  119.     Said  city  shall  have  power  to  lay  its  mains  along  any 
street  or  highway,  or  otherwise,  whenever  necessary ;  to  cross,  occupy,  ^"^'"^  *°'""^ 
or  appropriate  with  its  works  such  highways  or  streets  or  any  part 
thereof. 

Sec.  120.     The  rights  and  remedies  of  said  city,  and  all  persons  and 
corporations  whose  property,  franchises,  easement  or  rights  it  may  Disputed  con- 

,  _,  .  ,.         ,1  P   iT   •       T    X       1     n    1       demnation    of 

seek  to  condemn  or  appropriate  lor  the  purposes  oi  this  Act,  shall  be  property, 
those  contained  in,  and  set  out  in,  part  2,  title  1,  chapter  1,  section 
1689,  sub-section  L,  of  the  present  Code  of  Georgia  for  condemning 
and  making  compensation  for  property  where  the  same  is  sought  to  be 
taken  for  railroad  purposes,  substituting  the  said  city  as  the  pro-mov- 
ant  in  such  proceedings  in  lieu  of  the  railroad  company,  as  in  said 
section  contemplated,  and  if,  in  any  respect,  the  rights  and  remedies 
in  said  section  set  out  should  be  found  inappropriate,  then  the  right 
and  remedies  shall  be  the  same  as  is  contained  and  provided  in  the 
Act  of  the  Legislature  of  said  State  originally  authorizing  the  City 
of  Atlanta  to  provide  and  erect  waterworks,  and  in  the  several  amend- 
ments afterwards  made  thereto.' 

Sec.  121.  For  the  purpose  of  carrying  into  effect  the  objects  of 
this  Act,  the  said  city  shall  have  power  to  use  and  employ  the  fund  or  Employment 
funds  accumulated  under  the  Charter  of  said  city,  under  the  Act  of  the  f^*n^s*^etc*'^'^^' 
General  Assembly  of  said  State,  approved  December  18,  1884,  relative 
to  providing  a  fund  for  the  purpose  of  making  a  part  of  the  taxes  of 
each  year  available  for  current  expenses  during  a  portion  of  the  suc- 
ceeding year,  and  under  the  several  Acts,  of  which  said  last-recited  Act 
is  amendatory,  and  for  the  purpose  aforesaid,  the  City  of  Atlanta 
shall  have  power  to  make  any  contract  or  contracts,  or  to  incur  any 
obligation  or  obligations  upon  the  means  and  resources  of  said  city,  not 
repugnant  to  the  Constitution  of  this  State;  and  that  to  supply  the 
place  of  accumulated  funds  diverted,  or  used  as  above  specified,  there 
shall  be  annually  set  apart  twenty-five  thousand  dollars  of  the  reve- 
nues of  said  city,  commencing  with  the  year  1887,  until  a  fund  of 
two  hundred  and  fifty  thousand  dollars  has  been  accumulated,  which 
shall  be  applied  as  contemplated,  and  required  from  year  to  year,  as 
required  by  said  Act  of  December  18,  1884,  and  the  several  Acts  of 
which  the  same  is  amendatory;  and  in  the  meantime  said  city  may 
make  such  temporary  loans  as  are  actually  necessary  in  the  beginning 


uniform    Act    for   condemning    property.     Code  of  1S95,   Section 


42  Part  I. — Charter. 


of  the  year  to  anticipate  the  revenues  until  the  collection  of  the  same 
begins  to  flow  into  the  treasury  in  the  summer  months/ 

Sec.  122.     Said  city  shall  have  power,  if  by  it  deemed  wise  to  do  so, 

to  procure  from  any  person  or  persons  willing  thus  to  invest  the  funds, 

Procuring         jj-^  y^'\io\Q  or  in  part,  necessarv  to  extend  said  works,  or  to  erect  new 

funds  from  I  '  ^  ' 

others,  etc.      works,  and  to  vest  the  title  to  a  corresponding  part  of  the  property,  or 
1885.  ^i-^g  -^^hole  of  it,  as  the  case  may  be,  to  him  or  those  thus  advancing  the 

money,  upon  an  agreement  that  the  city  have  an  option  to  purchase 
and  pay  for  a  title  to  the  property  at  a  future  day  whenever  the  city 
shall  be  provided  with  funds  or  means  of  doing  so,  the  city  in  the 
meantime  using  and  operating  the  works  at  an  agreed  rental,  to  be 
paid  by  it  upon  such  terms  and  conditions  as  may  be  by  the  parties 
agreed  on. 

Sec.  123.     The  work  contemplated  under  this  Act  shall  be  carried 
^       ,    ,        on  through  the  agencv  of  the  Board  of  Water  Commissioners  of  said 

Control    of  '^  '^  - 

work.  city,  imder  the  direction  and  control  of  the  Mayor  and  General  Coun- 

cil of  the  same. 

Sec.  124.     The  works  provided  for  or  contemplated  under  this  bill 
,    .     are  to  be  deemed  and  taken  as  a  continuation  of,  and  in  lieu  of,  the 

Previous  legis-  .  .  .      . 

lation,  etc.  waterworks  heretofore  enacted  and  used  by  said  city,  and  all  existing 
legislation,  as  well  as  the  ordinances  of  said  city,  forbidding  trespasses 
or  any  interference  with  said  waterworks,  and  all  sanitary  laws  and 
regulations  relative  to  the  same  are  hereby  revived  and  made  appli- 
cable to  said  new  works,  or  extended  works,  as  the  case  may  be,  with 
the  same  remedies,  pains  and  penalties  as  by  previous  Acts  and  ordi^ 
nances  of  the  City  of  Atlanta,  or  the  general  laws  of  the  State,  are  or 
may  be  provided. 

Sec.  125.     That  whenever  the  said  Board  of  Water  Commissioners 
shall  cause  water-pipe  to  be  laid  along  any  street  in  the  City  of  At- 

Ass6ssTnGnt  *~j  ij 

for  water  pipe,  lauta,  thcv  are  hereby  authorized  to  assess  the  cost,  or  such  portion  of 
the  cost  of  such  pipe,  and  the  expense  of  laying  the  same,  and  of  erect- 
ing hydrants,  upon  the  owners  of  all  improved  property  on  each  side  of 
the  street,  or  portion  of  a  street  along  and  through  which  such  pipe  has 
been,  or  may  be,  extended,  such  assessment  to  be  made  under  such  just 
and  equitable  rules  as  said  Board  of  AVater  Commissioners  may  estab- 
lish, not  exceeding  seven  dollars  each ;  and  if  any  property-owner  shall 
refuse,  after  demand,  to  pay  such  assessment,  the  name  of  such  person, 
the  amount  due  by  him,  and  a  description  of  the  property  in  front  of 
which  such  pipe  has  been  run,  shall  be  furnished  by  the  board  to  the 
Clerk  of  the  City  Council  of  Atlanta,  who  shall  issue  execution  against 
such  owner  for  the  amount  due;  which  said  execution  shall  be  levied 
by  the  City  Marshal  and  collected  out  of  the  property  mentioned  on 
tax  execution,  and  the  amount  paid  over  to  the  Water  Commissioners, 
and  the  fees  of  the  Clerk  and  Marshal  shall  be  the  same  as  allowed 


1  See   Act  of  February  27th,   1877.     But  later  issues   of   bonds   for   waterworks'    purposes   by 
Mayor    and    General    Council    authorized  by   subsequent   Acts. 


Acts  of  Incorporation. 


43 


by  law  for  tax  executions ;  provided,  that  any  person  taking  water  on 

his,  her,  or  their  premises  shall  be  charged  the  regular  water  rate,  and 

shall  not  be  subject  to  said  assessment ;  provided,  further,  that  if  the  f„™\ef  ^^ 

property-owner  aforesaid  shall  take,  within  twelve  months  from  the  lay- 12  ^^<^nt^|3^°t 

ing  said  pipes,  water  in  pursuance  of  all  rules  and  regulations  of  the 

Water  Commissioners,  then  said  sum  so  collected  shall  be  credited  upon 

the  current  water  rates  of  the  property-owner  for  the  year  he  or  she 

shall  take  the  same:     And  provided  also,  in  no  case  shall  any  sum  be 

levied  upon  any  property-owner  failing  or  refusing  to  take  said  water 

more  than  one  term. 


CHAPTER  VIII. 

STREETS,  SIDEWALKS,  GRADES,  ETC. 


Section. 

126.  Power  to  open,  widen,  grade  and  change 
streets. 

127.  Umpire   in   condemnation   proceedings. 

128.  City   may    decline    property    if    too    high 
priced. 

129.  Further    provision    as    to     securing     um- 
pire. 

130.  Right   of   appeal    preserved. 

131.  132,   133.     Authority  conferred   to  extend 
West    Alabama    street. 

134.  Power  to  grade,  pave,  lay  sidewalks,  etc. 

135.  Street  taxes. 

136,137.      Permanent   grade — how   obtained. 

138.  Mayor      and      General      Council      control 
grades. 

139.  May  pave  streets. 

140.  May  assess  for  paving. 

141.  Petition,    notice,    etc.,    in  paving   assess- 
ments—and   defenses. 

.142.  May    make    paving    assessments      against 

railroads. 
143,    144,    145.      Assessments      against      street 

railroads  for  street  paving. 
146,    147.     Paving  to   connect   streets. 


Section. 

148.  Lien  of  paving  assessments. 

149,  150.     Transfer   of   paving  assessments   au- 
thorized. 

151.  Assessment    executions — how    issued      and 
enforced. 

151    (a).    Advancement    of    city    cases. 

152.  Work   under     Commissioner     of     Public 
Works. 

153-160.      Creating    commissioners    of    streets 

and   sewers. 
161.  Condemnations   authorized. 
102.  Abolishes    commissioners    of    streets     and 

sewers. 

163.  Creates    Commissioner    of    Public    Works. 

164.  Clerk      Commissioner    of    Public    Works 
abolished   as   charter   office. 

165.  Oath    and    bond      of      Commissioner    of 
Public   Works. 

166.  Statement  of  real  estate  holdings  to    be 
filed   by   Commissioner. 

167.  Other   duties   may   be   devolved   on   Com- 
missioner   of    Public    Works. 

168.  street  work   by   county   convicts.  ■ 


Section  126.  The  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  open,  lay  out,  to  widen,  straighten,  or  otherwise 
change  streets,  alleys  and  squares  in  the  said  City  of  Atlanta 


rrri  Streets— 

W  nen-  power  to  open, 

ever  the  said  Mayor  and  General  Council  shall  exercise  the  power  above  Lent  ^oTdam- 

ages. 


\et  1874. 


delegated,  they  shall  appoint  two  freeholders,  and  the  owners  of  said 
lots  fronting  on  side-streets  or  alleys  shall,  on  five  days'  notice,  appoint 
two  freeholders,  who  shall  proceed  to  assess  the  damages  sustained,  or  er'^i  llw'^on 

'-,.,,,,  !>        ■  -\   1    J.       ■  this   subject, 

the  advantages  derived,  by  the  owner  or  owners  ot  said  lots,  m  conse-  code  of  isos, 

quence  of  the  opening,  Avidening,  straightening,  or  otherwise  changing 

said  streets  and  alleys;  and  in  case  said  assessors  can  not  agree,  they 

shall  select  a  fifth  freeholder,  the  said  assessors  to  take  an  oath  that 

they  will  faithfully  discharge  their  duties,  and  either  party  to  have  the 

right  to  enter  an  appeal  to  the  Superior  Court  of  Fulton  County  within  '  ^^''^ ' 

ten  davs  from  the  rendition  of  said  award. 


44  Part  I. — Charter. 


Sec.  127.     If  any  property-owner  shall  fail,  after  notification,  to 

appoint  assessors  by  the  time  prescribed,  then  the  two  assessors  ap- 

Act  1874.         pointed  by  the  city  shall  proceed  to  make  the  assessment,  and  in  the 

?t?lrts!^  event  they  fail  to  agree  they  shall  call  in  a  third  freeholder,  who  shall 

be  sworn,  and  act  with  them,  and  the  finding  of  the  majority  shall 

stand  as  the  award,  unless  appeal  be  entered  in  conformity  to  law." 

Sec.  128.  That  whenever  it  is  proposed  that  any  property  be  taken 
for  public  use,  under  authority  of  the  said  city,  in  any  department 
ciine  wake^  thereof,  whether  for  streets,  sewers,  waterworks,  or  any  public  pur- 
sessed^*^  ^^  posc,  and  the  same  shall  be  assessed,  or  a  price  fixed,  or  award  i^ade  as 
provided  by  law,  it  shall  be  optional  with  the  City  Government  to  de- 
cline accepting  the  property,  should  the  price  thus  fixed  or  award  made 
be  deemed  by  the  General  Council  to  be  too  high  or  unreasonable." 

Sec.  129.  Said  assessors  so  appointed  as  now  provided  by  the  Char- 
ter of  said  city  shall,  within  three  days  after  notice  to  them  of  their 
appointment,  meet  at  the  office  of  the  Clerk  of  the  Mayor  and  General 
Council  of  Atlanta,  at  twelve  o'clock  m.  on  a  day  to  be  designated  by 
said  Clerk,  and  if  there  is  not  a  full  attendance  of  such  assessors, 
those  present  shall  adjourn  until  twelve  o'clock  on  the  next  day,  and  it 
sessor^ap-  ^^'  shall  bc  the  duty  of  the  Clerk  to  at  once  give  notice  to  such  absent  as- 
sessors of  such  adjournment^  and  appointment  for  another  meeting. 
At  such  first  day  so  appointed,  or  the  day  thereafter,  as  the  case  may 
be,  those  present  shall  take  an  oath  before  the  Mayor,  or  any  officer  au- 
•^®^^-  thorized  to  administer  oaths,  f aithfuly  and  impartially  to  perform  the 

duties  for  which  they  are  appointed,  and  immediately  after  taking  and 
subscribing  to  the  oath  aforesaid,  they  shall,  before  proceeding  to  the 
consideration  of  the  question  submitted,  select  a  fifth  assessor,  who 
But  see  later  shall  act  as  Umpire,  and  take  and  subscribe  the  oath  prescribed  on  as- 
thrs^'^subjert.""  sessors  as  above  stated,  and  should  such  fifth  assessor  or  umpire  fail  or 
et^^s^eq.^'^^'  ''^'"  Tcfusc  to  scrve,  then  another  shall  in  like  manner  be  selected,  and  so 
on  until  an  umpire  shall  be  chosen.     In  the  event  that  the  assessors  ap- 
pointed on  the  part  of  the  city  and  those  appointed  on  the  part  of  the 
property  owners  can  not  agree,  or  fail  or  refuse  to  agree  on  a  fifth 
assessor  or  umpire  within  two  days  after  they  organize  or  take  the  oath 
as  herein  prescribed,  the  Clerk  aforesaid  shall  at  the  next  meeting  of 
the  Mayor  and  General  Council,  give  notice  of  such  failure  or  refusal, 
and  said  Mayor  and  General  Council  shall  appoint  or  elect  such  fifth 
,    assessor,  and  he,  with  any  two  or  three  more  of  the  other  assessors, 
shall,  within  five  days  thereafter,  proceed  to  make  an  award  and  re- 
port the  same  as  now  provided. 

Sec.  130.  This  Act  shall  not  be  construed  to  repeal  or  change  the 
right  of  appeal  from  any  award  to  the  Superior  Court  which  now  ex- 
ists, nor  to  repeal  or  change  the  law  which  now  provides  the  mode  of 
procedure  and  assessment  in  such  cases  where  the  pro]ierty-owner  or 


pointed   in 
case    of 
failure  to 
agree. 

Act    Dec.    27, 


1  See   Act   Sept.    3d,    ] 

2  See    Act   Dec.    24th, 


Acts  of  Incorporation.  45 


owners  fail  on  notice  to  appoint  assessors  appointed  by  said  city,  nor 
shall  this  Act  be  construed  to  affect  the  right  of  the  city  to  adopt  or 
1  eject  any  award  as  now  provided  by  the  Charter  thereof/ 

Sec.  131.  Authority  is  hereby  conferred  upon  the  City  of  Atlanta, 
Georgia,  to  open  and  extend  Alabama  street,  in  said  city,  from  the  cen-  |^*{;!J^°"  °^ 
tral  portion  of  said  city,  westerly  through  land  belonging  to  the  State,  f^l^^  ^"t^""- 
The  portion  of  the  State's  land  through  which  authority  is  hereby  ^^^  ^^^  ^g^^ 
granted  to  said  city  to  open  and  extend  said  Alabama  street  is  de- 
scribed as  follows,  to  wit:  A  strip  of  land  sixty  feet  wide  and  five 
hundred  feet  long  on  the  north  side,  and  three  hundred  feet  long  on 
the  south  side  of  said  proposed  street,  having  an  area  of  twenty-four 
thousand  (24,000)  square  feet,  and  running  through  the  southwest 
corner  of  the  State's  Western  and  Atlantic  Eailroad  vacant  property 
(a  plat  of  which  for  reference  is  filed  herewith)  :  Provided,  that  this 
grant  of  authority  is  expressly  made  subject  to  the  rights  of  the  present 
lessees  of  the  Western  and  Atlantic  Railroad  under  the  iVct  providing 
for  such  lease,  and  also  subject  to  the  rights  of  the  lessees  of  said 
Western  and  Atlantic  Railroad  under  the  Act  providing  for  the  lease 
of  the  same,  approved  November  12,  1889 ;  the  lessees  of  said  Western 
and  Atlantic  Railroad  having  in  writing  assented  thereto. 

Sec.  132.  The  intentions  and  purposes  of  this  Act  are  to  confer 
the  grant  aforesaid  only  as  to  the  right  and  interest  of  the  State  with-  |.^5oo  paid  to 
out  the  impairment  of  any  rights  of  lessees  as  aforesaid  under  Acts  ^^^  ^^^  ^^^^^ 
providing  such  leases :  Provided,  that  before  the  rights  conferred  by 
this  Act  on  the  City  of  Atlanta  shall  have  any  force  or  effect,  said  city 
shall  first  pay  into  the  treasury  of  this  State  the  sum  of  twenty-five 
hundred  ($2,500)  dollars,  and  this  payment  may  be  made  at  any  time 
within  six  months  from  the  approval  of  this  Act,  and  on  making  such 
payment  all  the  rights  and  provisions  of  this  Act  shall,  by  virtue  of 
the  same,  have  full  force  and  effect. 

Sec,  133.     The  Mayor  and  General  Council  of  the  City  of  Atlanta 
may,  in  their  discretion,  provide  for  the  erection  of  a  bridge  over  the  ^Jg^,^^^''"'^ 
tracks  of  the  Central  of  Georgia  Railway  Company,  and  do  all  other  stj«;^t  ^^,^ 
work  necessary  to  the  extension  of  West  Alabama  street  to  a  point  at  or  roads, 
near  the  junction  of  Rhodes  and  Elliott  streets  in  said  city,  and  in  Act,  Dec.  23. 
their  discretion  may  extend  an  arm  of  said  bridge  or  roadway,  or  said 
bridge  and  roadway,  so  as  to  connect  with  West  Hunter  street  at  a 
point  west  of  the  tracks  of  the  Southern  Railway  Company,  formerly 
East  Tennessee,  Virginia  and  Georgia  Railway  Company,  in  said  city, 
and  to  provide  for  the  paying  of  the  expenses  of  constructing  said 
bridge  and  extending  said  street  partly  out  of  the  income  of  said  city, 
for  the  year  1897,  and  the  balance  from  the  income  of  said  city  for 
the  years  1898,  1899,  and  1900,  or  any  one  or  more  of  said  years,  in 
the  discretion  of  said  Mayor  and  General  Council,  and  the  Mayor  and 


See  Act  Dec.  27, 1890.    But  see  Act  providing  uniform  method  of  condemning  private 
property .     Code  1895,  4657  to  4688. 


46  Part  I. — Charter. 


General  Council  of  said  city  shall  have  power  and  authority,  in  their 
discretion,  to  institute  condemnation  proceedings  for  the  purpose  of 
acquiring  a  right  of  way  for  the  proposed  bridge  over,  across  or  un- 
der, or  partly  over,  partly  across,  or  partly  under  the  rights  of  way 
and  other  property  of  the  Central  of  Georgia  Railway  Company  and 
the  Southern  Railway  Company,  formerly  the  East  Tennessee,  Vir- 
ginia and  Georgia  Railway  Company,  such  condemnation  proceedings 
to  be  conducted  in  accordance  with  the  requirements  of  an  Act  pro- 
viding a  uniform  method  of  exercising  the  right  of  condemning,  tak- 
ing or  damaging  private  property,  approved  December  18,  1894 :  Pro- 
vided, however,  that  it  shall  be  within  the  discretion  of  the  Mayor  and 
General  Council  of  the  City  of  Atlanta,  as  heretofore  provided  by  the 
Charter  of  said  city,  to  accept  or  reject  the  awards  made  by  the  assess- 
ors within  the  time  limited  by  the  Charter  of  said  city. 

Sec.  133  (a).  The  City  of  Atlanta  is  hereby  authorized  in  extending 
West  Alabama  street  from  its  present  terminus,  westward  across  the 
property  of  the  Central  Railroad,  and  the  property  of  the  State  of 
^894  ^^'''  ^^'  Greorgia,  leased  by  the  Western  and  Atlantic  Railroad  Company,  at 
the  point  where  the  proposed  street  extension  touches  the  Western  and 
Atlantic  Railroad  property  belonging  to  the  State  at  grade  *  *  * 
to  make  an  encroachment  on  said  Western  and  Atlantic  Railroad  prop- 
erty lying  on  the  south  side  of  said  proposed  extension,  for  the  pur- 
pose of  constructing  a  roadway  from  said  street  extension  into  the 
property  of  the  CentM  Railroad  Company  of  Georgia,  also  lying  on 
the  south  side  of  said  proposed  street  extension;  the  location  and  size 
of  which  encroachment  shall  be  such  as  indicated  by  the  plat  afore- 
said; provided,  that  before  making  such  encroachment  said  City  of 
Atlanta  obtains  consent  of  the  Western  and  Atlantic  Railroad  Compa- 
ny, present  lessees  of  the  Western  and  Atlantic  Railroad,  and  the  prop- 
erty to  be  encroached  upon  as  aforesaid,  and  also  of  the  Central  Rail- 
road and  Banking  Company  of  Georgia. 

Sec.  134.     The  said  Mayor  and  Council  shall  have  full  power  and 

authority  to  establish  and  fix  such  a  system  of  grading  and  draining  of 

dr'Tini^l.  ^""^     the  streets  of  said  city  as  they  may  deem  proper.       They  shall  have 

Act  1874.  ^^^1^  power  and  authority  to  order  such  pavements  or  sidewalks  laid 

down  as  they  deem  proper.     Upon  failure  of  any  person  to  comply 

with  the  same  within  the  time  prescribed,  the  said  Mayor  and  General 

May  order        Couucil  may  have  the  same  done,  and  levy  and  collect  the  expense 

sw^aiks  laid  |;hgpgof  j^y  execution  against  the  lands  and  goods  and  chattels  of  the 

owner  of  the  lot  or  lots. 

Sec.  135.  All  persons  liable  to  perform  road-duty,  by  the  laws  of 
the  State,  shall  be  liable  and  subject  to  work  on  the  streets  of  said  city 
under  the  direction  and  control  of  the  proper  officers  of  said  city: 
Provided,  that  the  Mayor  and  General  Council  of  said  city  shall  have 
power  to  levy  a  street-tax  in  lieu  thereof:  And  provided  further,  that 
all  persons  who  shall  refuse  to  pay  said  tax  on  or  before  such  day  as 


street  duty. 
Act   of   1874. 


Acts  of  Incorporation.  47 


said  Mayor  and  General  Council,  by  ordinance,  may  require,  the  per-  ^^^  .^  ^.^^  ^j 
son  failing  shall  be  required,  upon  three  days'  notice,  to  do  and  per-  "■°''''- 
form  street  work,  as  aforesaid,  and  upon  failure  thereof,  such  defaulter  Dpfau,ters. 
shall  be  liable  to  be  dealt  with  by  the  Mayor  and  General  Council  as 
for  violations  of  other  ordinances  of  said  city,  or  may  be  compelled  to 
work  on  the  public  works  of  said  city. 

Sec.  136.  Any  person  or  corporation  owning  real  estate  in  said 
city,  within  three-quarters  (f )  of  a  mile  of  the  carshed,  desiring  to  g^r^es"^"* 
improve  the  same,  shall  possess  the  right,  to  have  the  grade  of  any  ^^^  jg,^ 
street,  bordering  on  the  same,  permanently  established,  by  complying 
with  the  following  conditions,  to  wit :  The  owner,  his  agent,  or  at- 
torney, shall  make  an  affidavit  stating  the  ownership  and  description 
of  the  property  that  is  intended  to  make  improvement  on,  either  fenc- 
ing or  building,  or  otherwise;  that  such  improvements  are  to  cost 
above  the  sum  of  one  hundred  dollars,  and  that  he  desires  to  have  the  fj'Sf''  *° 
grade  of  such  street  or  streets  established.  A  copy  of  such  affidavit 
shall  then  be  served  on  the  City  Surveyor  or  Engineer,  whose  duty  it 
shall  be,  within  thirty  days  thereafter,  to  make  the  necessary  survey 
and  fix  the  grade  of  such  street,  and  make  a  plat  or  profile  showing  the 
same,  and  shall  deliver  it  to  the  applicant,  together  with  the  affidavit 
of  said  surveyor,  showing  that  the  same  is  correct  and  fair,  and  upon 
the  same  being  filed,  together  with  the  original  affidavit,  in  the  office 
of  the  Clerk  of  the  Superior  Court  of  Fulton  County  for  record,  the 
owner  shall  thereupon  have  a  vested  right  in  such  grade,  and  shall  be 
entitled  to  recover  damages  from  the  city  for  any  injury  done  to  said 
property  should  the  city  thereafter  alter  such  grade ;  such  damages  to 
be  ascertained,  recovered  and  paid  in  the  manner  in  which  the  laws 
and  ordinances  in  force  at  the  time  may  provide  for  ascertaining,  re- 
covering, and  paying  damages  done  to  property  in  laying  out  or 
widening  streets.' 

Sec.  137.     In  case  the  owner  of  any  real  estate  in  said  city  desires 
to  have  the  grade  fixed  as  aforesaid  for  any  reason  other  than  a  pur- 
pose to  make  improvements  on  the  same,  he  shall  make,  his  application  ^[^^^^en^app^a-^ 
in  writing,  not  under  oath,  to  the  City  Surveyor  or  Engineer,  but  need  ^'^^h. 
not  incorporate  any  reason  therein,  upon  which  all  subsequent  proceed-  -'^^^  ^^"^■ 
ings  shall  be  the  same  as  above  set  forth,  such  written  application  tak- 
ing the  place  of  the  affidavit  provided  for  in  the  foregoing  section  of 
this   Charter:     Provided,  that  when  the  party  proceeds  by  written 
application,  not  imder  oath,  as  aforesaid,  the  authorities  of  the  city 
shall  have  six  months  instead  of  thirty  days  in  which  to  make  and  re- 
turn the  survey  aforesaid.     Nothing  in  this  Charter  contained  shall  (-^^jj^roi  of 
operate  to  interfere  with  the  control  had  by  the  Mayor  and  General  General'* coun- 
Council  of  said  city  over  the  manner  in  which  the  City  Surveyor  or  ne^r^'"  ^''^*" 
Engineer  shall  execute  their  instructions  or  the  instructions  of  the  ^^.^  ^^-^ 


Apparently  this  section  gives  the  owner  of  an     established     grade     no     advantage     since 
Const.  1877.     But  see  Moore  vs.   Atlanta,  70  Ga. 


48 


Part  I. — Charter. 


Power  to 
grade,    pave, 
etc. 


Assess  cost  of 
sidewalks  and 
curbing. 

Sept.    3,    1881. 


Assess  cost  of 
paving  streets. 


Sept.    3,   1881. 


committees  in  regard  to  the  grade  of  any  street ;  but  any  failure  or  dis- 
pute which  may  happen  therein  shall  not  operate  to  delay,  hinder  or 
affect  the  remedy  given  by  this  Act  to  any  owner  of  property  seeking 
to  have  his  grade  established  as  aforesaid. 

Sec.  138.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
shall  have  full  power  and  authority  in  their  discretion,  to  grade,  pave, 
macadamize  and  otherwise  improve  for  travel  and  drainage  of  the 
streets  and  public  lanes  and  alleys  of  said  city,  and  to  construct  side- 
walks and  pave  the  same ;  to  put  down  curbing,  cross-drains,  crossings, 
and  otherwise  improve  the  same. 

Sec.  139.  That  in  order  to  fully  carry  into  effect  the  authority 
above  delegated,  said  Mayor  and  General  Council  shall  have  full  power 
and  authority  to  assess  the  cost  of  paving  and  otherwise  improving  the 
sidewalks,  including  all  necessary  curbing  for  the  same,  on  the  real 
estate  abutting  on  the  street,  and  on  the  side  of  the  street  on  which  the 
sidewalk  is  so  improved. 

Sec.  140.  That  said  Mayor  and  General  Council  shall  also  have 
full  power  and  authority  to  assess  one-third  of  the  cost  of  grading, 
paving,  macadamizing,  constructing  side-drains,  cross-drains,  cross- 
ings, and  otherwise  improving  the  roadway  or  street  proper  on  the 
real  estate  abutting  on  each  side  of  the  street  improved.  In  order  to 
exercise  the  authority  hereinbefore  conferred  upon  said  Mayor  and 
General  Council,  it  shall  be  necessary  that  the  owners  of  at  least  one- 
half  the  real  estate  abutting  on  the  street  or  portion  of  the.  street  to  be 
macadamized,  paved  or  otherwise  improved,  in  writing  petition  to  the 
Mayor  and  General  Council  to  make  such  improvements ;  such  petition 
in  no  case  to  be  gotten  up  by  paving  contractors,  and  the  work  peti- 
tioned for  shall  have  the  approval  of  the  City  Engineer  and  the  Com- 
missioner of  Public  Works,  who  shall  also  furnish  a  statement  of  its 
estimated  cost.  Upon  the  filing  of  such  application,  the  Mayor  and 
General  Council  shall  cause  a  notice  of  the  presentation  of  such  peti- 
tion, and  of  the  time  and  place  when  the  same  will  come  up  for  con- 
sideration and  action,  to  be  published  in  one  of  the  daily  papers  pub- 
lished in  said  city,  at  least  ten  days  before  an  ordinance  shall  be  passed 
based  on  said  petition.  When  the  petition  comes  up  for  action,  op- 
portunity shall  be  given  to  all  persons  interested  to  advocate  or  op- 
pose the  granting  of  the  petition.  An  ordinance  shall  be  passed 
directmg  the  said  work  to  be  done.  This  work  may  be  done  under  the 
immediate  direction  of  the  Mayor  and  General  Council,  or  through 
the  medium  of  contractors,  each  piece  of  work  to  be  separately  con- 
tracted for.  In  all  cases  where  the  petition  appears  to  be  signed 
by  sufficient  frontage  to  authorize  the  passage  of  the  ordinance, 
and  the  Mayor  and  General  Council  determine  that  it  is  sufficient 
to  authorize  the  passage  of  the  ordinance,  which  determination 
shall  be  evidenced  by  the  passage  of  tlie  ordinance,  and  the  work 
is   executed    thereunder,    and    notice    has    been    published    as    hcre- 


Notice  to  be 
published. 


Acts  of  Incorporatiox.  49 


inbei'ore   provided    for,   tlic   determination   of   the    Mayor   and 

eral    Council    as   to   the    sufficiency   of   the    petition,    shall    he    final 

as  to  the  rights  and  interests  of  all  persons  or  corporations  interested 

who  have  not  prevented  the  execution  of  the  work  by  an  injunction  or 

other  appropriate  legal  er  equitable  remedy  before  it  is  commenced. 

Any  street-railroad  company  or  street-railway  company  having  tracks 

running  through  any  street  or  portion  of  street  which  is  to  be  paved  or 

repaved  by  said  city  under  the  assessment  plan  provided  for  by  the 

Charter  or  the  general  law  of  the  State,  shall  be  required  to  pay  the 

whole  cost  of  paving,  repaving  or  otherwise  improving  eleven  feet  in  ^^^f^  "' 

width  of  said  street  or  portion  of  street,  whether  such  company  has 

one  or  more  lines  of  track  therein;  and  in  case  any  street-railway  or 

street-railroad  company  shall  construct  one  or  more  lines  of  track,  in 

any  street  or  portion  of  street  already  paved,  it  shall  likewise  pay  for 

the  paving  of  eleven  feet  in  width  of  the  street  or  portion  of  the  street 

occupied  by  its  tracks,  according  to  the  then  value  of  the  pavement, 

to  be  judged  of  by  the  Mayor  and  General  Council.     The  material  to  ^j^tgria] 

be  used  in  paving  or  otherwise  improving  streets  shall  be  such  as  the 

]\Iayor  and  General  Council  shall  select  in  each  case. 

Sec.  141.  The  said  Mayor  and  General  Council  shall  have  as  full 
power  to  repave  any  street  or  alley,  or  portion  of  such  street  or  alley,  °''''"  ^'''  ' 
upon  like  petition  and  after  proceedings,  and  to  levy  and  collect  assess- 
ments therefor  as  in  cases  of  original  paving  provided  for  under  this 
Act,  whenever  in  the  judgment  of  said  Mayor  and  General  Council 
the  paving  originally  laid  on  such' street  or  portion  of  street  or  alley  is 
worn  out  to  that  extent  that  it  is  no  longer  useful  as  a  good  pavement. 
The  Mayor  and  General  Council  of  said  city  shall  have  authority  to  Execution, 
enforce  the  collection  of  the  amount  of  any  assessment  so  made  for 
work  either  upon  streets  or  sidewalks,  by  execution  to  be  issued  by  the 
Clerk  of  Council  against  the  real  estate  assessed,  and  against  the  owner 
thereof,  at  the  date  of  the  ordinance  making  the  assessment,  which 
execution  may  be  levied  by  the  Marshal  of  said  city  on  such  real  estate 
and  after  advertisement  and  other  proceedings  as  in  cases  of  sales  for 
city  taxes,  the  same  may  be  sold  at  public  outcry  to  the  highest  bidder,  doc-.  in,  : 
and  such  sale  vest  title  in  the  purchaser  as  in  case  of  tax  sales,  pro- 
vided that  the  defendant  shall  have  the  right  to  file  an  affidavit  denying 
that  the  whole  or  any  part  of  the  amount  for  which  the  execution  issued 
is  due,  and  specifying  fully  the  grounds  of  such  denial  of  liability,  and 
stating  what  amount  he  admits  to  be  due,  which  amoimt  so  admitted  "'*'-*'''•''■ 
to  be  due  shall  be  paid  or  collected  before  the  affidavit  is  received,  and 
the  affidavit  received  for  the  balance,  and  all  such  affidavits  so  received 
shall  be  returned  to  the  Superior  Court  of  Fulton  County,  and  there 
tried  and  the  issue  determined  as  in  cases  of  illegality,  subject  to  all 
the  pains  and  penalties  provided  in  cases  of  illegality  for  delay :  Pro-  j^dge  ma 
vidcd,  the  Judge  of  said  Superior  Court  shall  have  authority  to  dismiss  '''*""^- 


50  Part  I. — Charter. 


any  such  affidavit  of  illegality  for  insufficiency  before  the  time  when 
the  same  would  regularly  come  up  for  trial. 

Sec.  142.  Whenever  the  public  interest  may  so  require,  the  ]\Iayor 
and  General  Council  of  said  city  may,  by  ordinance,  assess  any  railroad 
or  street  company,  as  named  in  the  caption,  to  improve  the  streets  or 


May   assess 
railroads    am 


street  rail-       sidewalk,  or  both,  or  any  sewer  or  drain  contiguous  to  the  freight  or 

roads    for     iin-  ?  ./  ^  o 

provements.  passeugcr  dcpot,  and  to  do  part  or  all  said  work  as  right  and  justice 
may  dictate,  whether  such  work  be  petitioned  for  or  not ;  and  the  mode 
of  procedure  and  remedies  to  enforce  the  same  shall  be  those  provided 
for  street  or  sewer  improvement  in  other  cases  as  now  are  or  may  be 
provided  by  law  and  the  ordinances  of  said  city.' 

Sec.  143.  Whenever  any  street-railway  company  lays  a  double- 
track  or  line  on  anv  street  in  said  city,  and  such  street  shall  at  the 

Must   pave  be- 
tween the  rails  g^me  time  or  thereafter  be  macadamized,  or  otherwise  paved,   such 

of  each  line  of  ^  i  ' 

track  and  four  gtrcct-railroad  company  shall  only  be  required  to  macadamize, or  other- 
side.  T^ige  pave  between  the  rails  of  each  line  of  track,  and  for  four  inches 

Oct  10,  ism.  outside  thereof,  this  being  equivalent  to  paving  as  now  and  hereafter 
required  by  law  and  Charter  of  said  city. 

Sec.  144.  When  the  consent  of  said  city  is  given  to  the  laying  of 
^u*ire  "ertain  strcct-railroad  tracks  in  or  on  a  street  which  is  unpaved  and  without 
''aved^  st'rMtT'  pavcmcnt  improvement,  said  city  may  prescribe  and  require  that  the 
p'ied^brstreet  tracks  shall  be  so  laid  and  such  paving  done  between  the  tracks,  and  for 
tracks"^  such  spacc  ou  cach  side  thereof,  as  will  preserve  the  use,  comfort  and 

Oct.  10,  1891.   safety  of  such  street  for  the  public. 

Sec.  145.     When  street-railroad  tracks  are  laid  in  said  city  on  a 

street  which  has  already  been  paved  or  permanently  improved,  and 

paTd"when°  ^^  ^ipon  which  Said  company  has  no  track,  said  city  may  require  such  con- 

are^'^'trackld*^    tribution  or  i)ayment  to  said  city  for  said  city,  and  the  owners  of 

witi[^S!'but  abutting  pro]jerty  at  the  time  of  laying  such  tracks  on  account  of  the 

both^'iinel^'^of*  paving  or  pavement  improvement  of  any  such  street  as  the  Mayor  and 

inches" outlwe.  General  Council  of  said  city  may  deem  proper  (but  such  amount  shall 

Oct.  10,  1801.  not  be  greater  than  in  cases  provided  for  under  section  1  of  this  Act). 

Said  city  may  regulate  and  enforce  the  payment  or  collection  of  such 

amount  of  contribution,  and  may  require  payment  of  same  before 

consent  granted  to  lay  such  tracks,  and  may  grant  consent  conditional 

compan'iesTo'^  ou  such  payment  thereafter.     Such  street-railroad  company  shall  be 

pro  rau^for  re-  liable  for  its  j^^'o  rata  of  the  costs  to  repave  when  the  same  is  done 

''*^'"^'  according  to  law. 

Sec.  146  The  Mayor  and  General  Council  of  said  city  are  author- 
ized in  their  discretion,  to  grade,  pave,  macadamize  and  otherwise  im- 
prove for  travel  and  drainage,  the  streets  and  alleys,  not  exceeding  four 
squares  thereof,  which  connect  to  other  streets  already  improved,  upon 
tlie  petition  of  abutting  owners,  having  less  than  one-half  and  not  less 
than  one-third  I'l-oiitagc.  the  same  to  ho  done  in  the  manner  prescribed 


See  Act  Dec.   4th,   188G. 

See  Acts  of  Aug.  21,  18!»l,  .iiid  0"t.  17,  1801,  on    Street    and    Siiburl 


Acts  of  Incorporation'.  51 


by  said  Act,  or  amendmeiits  to  the  same,  the  cost  thereof  to  be  ascer- 
tained, paid  for,  and  payments  enforced  in  like  manner  as  is  or  may  be 
provided  by  law  and  ordinances  of  said  city  in  other  cases/ 

Sec.  147.     The  Mayor  and  (xeneral  Council  of  said  city  are  author- 
ized in  their  discretion,  in  addition  to  the  powers  conferred  by  the 
above  recited  Acts,  to  grade,  pave,  macadamize,  and  otherwise  improve 
for  travel  and  drainage,  streets  and  alleys  in  said  city  not  to  exceed 
four  squares  of  any  street  or  alley,  a  portion  of  which  street  or  alley  is 
already  paved  or  macadamized  or  otherwise  improved,  when  such  im- 
provements by  paving,  macadamizing  or  otherwise,  will  connect  a  por-  improved*' 
tion  or  portions  of  such  street  or  alley  already  improved,  or  will  con-  tions  ^hereof!^ 
nect  an  improved  portion  of  such  street  or  alley  with  another  im- 
proved street  or  alley,  upon  the  petition  of  abutting  owners  having  less  not  'less  Than 
than  one-half  and  not  less  than  one-third  frontage  on  the  street  or  frontage, 
alley  or  portion  of  the  street  or  alley,  the  improvement  of  which  is 
petitioned   for,  the  same  to  be  done  in  the  manner  prescribed  by  said 
above  recited  Acts,  of  which  this  Act  is  amendatory,  or  amendments 
to  either  of  said  Acts,  the  cost  thereof  to  be  ascertained,  paid  for,  and 
payment  enforced  in  like  manner  as  is  or  may  be  provided  by  law,  and 
ordinances  of  said  city  in  other  cases.' 

Sec.  148.     The  amount  of  assessment  on  each  piece  of  real  estate  Lien  of  assess- 
shall  be  a  lien  on  said  real  estate  from  the  day  of  the  passage  of  the  or- 
dinance providing  for  the  work  and  making  the  assessment.     The  lien  issi. 
given  by  existing  law  to  the  City  of    Atlanta    for    assessments  upon 
abutting  property,  and  also  upon  the  property  of  street  railroad  com- 
panies, for  street  or  sidewalk  paving  or  curbing,  or  the  construction 
o±  sewers,  shall  have  rank  and  priority  of  payment,  next  in  point  of  i892. 
dignity  to  the  liens  in  favor  of  the  City  of  Atlanta  for  tSxes  due  said 
city,  such  lien  and  priority  of  payment  to  exist  from  the  date  of  the 
passage  of  the  ordinance  authorizing  the  execution  of  the  work  in  each 
case. 

Sec.  149.     The  power  and  duty  of  the  Mayor  and  General  Council  ^^.^  p^^.    03 
of  said  city  to  keep  its  streets,  whether  paved  or  unpaved,  in  repair  and  ^*^^-  .'^""om ' 
to  pay  for  such  repairs  out  of  the  general  fund  of  said  city  is  in  no  way 
affected  by  the  passage  of  this  Act. 

The  Marshal  or  collecting  officer  of  said  city,  as  the  case  may  be, 
shall  be  authorized  to  transfer  and  assign  any  fi.  fa.  or  fi.  fas.  issued  Jiessment°^ 
for  street,  sewer  or  other  assessments,  in  the  same  manner,  upon  the  authorized, 
same  terms,  and  to  the  same  effect,  and  vesting  the  purchaser  or  trans-  This  section 
feree  with  the  same  rights  as  in  cases  of  sales  or  transfer  of  tax  fi.  fas.  and'befor"  Act 
as  now  allowed  by  law,  and  that  at  all  sales  of  property  hereafter  made,  ?m."^"  "^' 
under  execution  made  in  behalf  of  the  city  for  the  collection  of  street, 
sewer  and  other  assessments,  the  owner  or  owners,  as  the  case  may  be, 
shall  be  authorized  to  redeem  the  same  within  the  same  time,  on  com- 


See  Act  Dec.   4th,   1886  and  Dec.  10,  1897 
See   Act   Dec.    15,    1888  and  Dec.    10,    18"J7. 


52 


Part  I. — Cjiakter. 


Transfer   of 
bills   and   exe- 
cutions for 
paving  and 
curbing    side- 
walks or  sewer 


authorized. 
Act    Aug. 


pliance  with  the  same  terms,  and  payment  of  same  premiums,  interest 
and  cost  as  in  cases  of  redemption  of  property  where  sold  under  tax 
/?.  fa.  or  fi.  fas.  as  now  is,  or  from  time  to  time  may  be,  provided  by 
law. 

Sec.  150.  The  City  of  Atlanta  is  hereby  authorized  and  empowered 
to  transfer  in  payment  of  debts  against  said  city,  bills  and  executions 
in  favor  of  said  city  for  the  cost  of  curbing,  sidewalks,  granite  block 
and  other  street  pavements,  and  of  bills  and  executions  for  sewer 
assessments,  whether  such  bills  and  executions  be  held  by  said  city 
against  abutting  landowners  or  against  street  railroad  companies  for 
furnishing  and  laying  curbing,  sidewalks,  granite  block  and  other  str^'ct 
pavements  and  sewer  assessments.  The  lien  in  favor  of  said  city 
against  abutting  land  and  the  owners  thereof,  and  against  street-rail- 
road companies  now  provided  by  law,  shall  not  be  impaired  or  in  any 
manner  affected  by  this  Act,  but  the  same  shall  exist  and  may  be  en- 
forced in  the  name  of  the  city  for  the  benefit  of  the  transferee  until 
the  assessment  shall  be  paid.  Such  bills  and  executions  against  street- 
railroad  companies,  when  so  transferred,  shall  be  paid,  and  collections 
shall  be  enforced  as  is  now  required  and  prescribed  by  law.  Such 
bills  against  abutting  landowners,'  when  so  transferred,  shall  become 
due  and  payable  as  follows :  Payment  shall  be  made  within  thirty 
days  after  the  completion  of  the  work,  and  presentation  of  the  bill 
therefor  to  the  person  liable  for  the  same,  or  his  agent.  If  the  person 
so  liable  should  not  prefer  to  pay  all  the  assessment  within  thirty  days, 
he  may  pay  twenty-five  per  cent,  thereof  in  cash  within  the  thirty  days, 
and  twenty-five  per  cent,  per  annum  each  year  for  three  years  there- 
after, with  interest  at  the  rate  of  seven  per  cent,  per  amium  on  all  such 
deferred  payments;  provided,  however,  that  this  privilege  of  paying 
part  cash  and  postponing  the  payment  of  the  balance,  shall  not  exist 
unless  the  person  liable  for  the  assessment,  shall  within  the  thirty  days 
aforesaid,  pay  the  twenty-five  per  cent.,  and  shall  in  writing,  delivered 
to  the  transferee,  declare  his  election  to  have  the  payment  of  the  bal- 
ance postponed,  as  is  hereinabove  mentioned.  If  default  shall  be  made 
in  making  a  deferred  payment,  then  all  the  unpaid  assessments  shall 
thereby  become  due  and  payable,  and  collection  thereof  shall  be  en- 
forced as  if  no  postponement  had  been  made.  All  proceedings  to  col- 
lect the  transferred  assessments  hereinabove  mentioned,  whether  the 
transfers  have  been  made  of  bills  or  of  executions,  shall  be  conducted 
as  if  no  transfer  had  been  made,  and  shall  be  had  in  the  name  of  the 
City  of  Atlanta.  But  said  City  of  Atlanta  shall  not  be  liable  to  the 
contractor  for  all  or  any  part  of  an  assessment  after  the  same  shall 
have  been  accepted  by  the  contractor  as  a  payment  on  the  debt  due 
him  for  the  work.  The  transfer  of  executions  as  aforesaid,  sliall  be 
recorded  as  in  case  of  transfer  of  State  and  county  tax  //.  fas. 

Sec.  151.     The  Mavor  and  Ceneral  Council  of  said  citv  sliall  liave 


Payments   in 
instalments. 

May  pay  all 
cash  or  one- 
fourth  cash 
and  balance 
in  one,  two 
and  three 
years. 


But   must    give 
contractors 
written   notice 
within  thirty 
days. 


Liens  of  execu- 
tions  pre- 
served. 

Proceedings    in 
name  of   City. 


City  not  li:il)le 
to    contractors. 


The  transfer 
must  be  re- 
corded. 


"Against  Street  Railroad  Companies"  stricken  by  Act  Sept.  24,  18fil. 


Acts  of  Incorporation.  53 


authority  to  enforce  the  collection  of  the  amount  of  any  assessment  so 
made  for  work  either  upon  streets  or  sidewalks,  by  execution  to  be  is- 
sued by  the  Clerk  of  Council  against  the  real  estate  assessed,  and  J;^J2i,'''exJ?r' 
against  the  owner  thereof,  at  the  date  of  the  ordinance  making  the  as-  tJTreunder.^'''* 
sessment,  which  execution  may  be  levied  by  the  Marshal  of  said  city  on  jg^-, 
such  real  estate,  and  after  advertisement  and  other  proceedings  as  in 
cases  of  sales  for  city  taxes,  the  same  may  be  sold  at  public  outcry  to 
the  highest  bidder,  and  such  sale  vest  title  in  the  purchaser  as  in  case 
of  tax  sales,  provided  that  the  defendant  shall  have  the  right  to  file  an  i"egaiity. 
affidavit  denying  that  the  whole  or  any  part  of  the  amount  for  which 
the  execution  issued  is  due,  and  specifying  fully  the  grounds  of  such 
denial  of  liability,  and  stating  what  amount  he  admits  to  be  due,  which 
amount  so  admitted  to  be  due  shall  be  paid  or  collected  before  the 
affidavit  is  received,  and  the  affidavit  received  for  the  balance  and  all 
such  affidavits  so  received  shall  be  returned  to  the  Superior  Court  of 
Fulton  County,  and  there  tried  and  the  issue  determined  as  in  cases  of 
illegality,  subject  to  all  the  pains  and  penalties  provided  in  cases  of  il-  ^^^y  ^^  ^^_ 
legality  for  delay:  provided,  the  Judge  of  said  Superior  Court  shall  ^^Hf^^^^f^^^ 
have  authority  to  dismiss  any  such  affidavit  of  illegality  for  insuf- 
ficiency before  the  time  when  the  same  would  regularly  come  up  for 
trial. 

Sec.   151    (a).     The  Superior  Court  of  Fulton  County,  Georgia,  is  l^^^f^^^T 
hereby  authorized  and  required  to  give  precedence  to  and  advance  to  <'*®^^- 
trial  any  cases  now  pending  or  which  may  hereafter  be  brought  in  said 
court  to  which  the  'City  of  Atlanta  is  a  party  or  materially  interested 
in,  in  which  the  collection  of  revenue  or  money  due  said  city  is  in- 
volved, or  in  which  there  is  an  appeal  from  the  award  or  finding  of  the 
assessors  for  damages  sustained  or  for  lands  taken  for  parks,  street,  subject  to 
sewer,  or  other  public  purposes  of  said  city  authorized  by  law.     When  o/cou*nty'*'^ 
any  case  of  the  character  aforesaid  is  ripe  for  trial,  the  same  shall  be  ^*®^®' 
subject  to  advancement  and  to  precedence  on  the  attention  of  the  court 
being  called  to  the  same,  subject  only  to  the  right  of  advancement  of 
cases  to  which  the  State  of  Georgia  or  the  county  of  Fulton  is  a  party. 

Sec.  152.     All  work  done  in  accordance  with  the  above  shall  be  done  ctmmil^iin-^^ 
under  the  direction  of  the  Commissioner  of  Public  Works.     Surveys, 
grades,  plans,  profiles,  and  other  like  work  shall  be  done  by  the  En- 
gineer of  said  city,  and  be  furnished  to  said  Commissioner. 

Sec.  153.     There  is  hereby  established  for  the  City  of  Atlanta  a  commission- 


ers. 

1S81. 


Said  board  shall  consist  of  three  members.  The  first  members  of  said 
board  shall  be  elected  by  the  Mayor  and  General  Council  of  said  city  at 
the  first  meeting  of  said  body  in  December,  1881,  unless  there  should 
be  a  failure  from  any  cause  to  elect,  when  an  election  may  be  held  at 


The  commissioners  of  streets  and  sewers  have  been  abolished  bj-  Act  of  Oct.  3d,  1885. 
These  sections  are  retained  as  throwing  light  on  the  duties  of  the  commissioner  of 
public  works  and  of  the  Mayor  and  General   Council. 


54 


Part  I. — Charter. 


any  subsequent  meetings.  Their  terms  shall  commence  January  1st, 
1882.  One  Commissioner  shall  be  elected  for  one  year,  one  for  two 
years,  and  one  for  three  years.  When  their  terms  expire,  their  succes- 
sors shall  be  elected  for  three  years,  or  until  successors  are  elected  and 
qualified. 

Sec.  154.  The  members  of  said  board  shall,  before  entering  upon 
the  discharge  of  their  duties,  take  an  oath  before  the  Mayor  of  said  city 
to  faithfully  discharge  the  duties  required  of  them  by  the  laws  and  or- 
dinances, without  favor  or  preference  to  any  individual  or  any  section 
of  said  city,  and  for  the  best  interest  of  the  city. 

Sec.  155.  No  person  shall  be  a  member  of  said  board  who  is  not  a 
bona  fide  resident  of  said  city.  Eemoval  from  the  city  shall  vacate  the 
office.  The  members  of  said  board  shall  receive  such  compensation  as 
the  Mayor  and  General  Council  shall  provide,  to  be  paid  quarterly,  out 
of  the  City  Treasury.  The  amount  of  such  compensation  shall  be  fixed 
before  their  election  and  shall  not  be  changed  during  their  term. 
Said  board  shall  from  its  members  select  a  chairman  who  shall  preside 
at  the  meetings  of  the  board,  and  shall  see  that  the  action  of  the  board 
from  time  to  time  is  carried  into  effect.  One  member  of  said  board 
shall  act  as  secretary. 

Sec.  156.  Said  board  shall,  immediately  upon  its  organization, 
appoint  a  Superintendent  of  Streets  and  Sewers,  who  shall  hold  his 
position  at  the  option  of  the  board,  and  shall  receive  a  suitable  salary 
out  of  the  appropriations  for  streets  and  sewers,-  to  be  fixed  by  the 
board  before  his  appointment. 

Sec.  157.  The  Commissioners  of  Streets  and  Sewers  shall  have 
full  and  complete  control  of  all  work  of  every  kind  to  be  done  on  the 
streets  and  sewers  of  said  city,  and  the  work  of  laying  out  and  opening 
new  streets,  and  extending,  widening  and  changing  streets :  Provided, 
that  the  Mayor  and  General  Council  of  said  city  shall  alone  have  power 
to  determine  when  streets  shall  be  widened  or  extended,  or  new  streets 
opened,  and  when  and  where  new  sewers  shall  be  constructed. 

Sec.  158.'  Said  board  shall,  in  January  of  each  year,  make  up  and 
present  to  the  Mayor  and  General  Council  an  estimate  of  the  amount 
that  will  be  necessary  for  work  on  the  streets  and  for  work  on  sewers 
for  the  year;  and  said  Mayor  and  General  Council  shall,  at  the  time 
the  other  appropriations  are  made,  set  apart  and  appropriate  for  the 
street  work,  such  an  amount  as  may,  in  their  jiidgment,  be  necessary 
and  proper  for  the  year,  and  shall  also  set  apart  and  appropriate  for 
the  extension  of  sewers  and  work  on  sewers,  such  an  amount  as  may,  in 
their  judgment,  be  necessary  and  proper.  The  amounts  thus  appro- 
priated shall  be  paid  out  in  such  manner  as  the  Mayor  and  General 
Council  shall  by  ordinance  provide,  and  such  reasonable  amount  as 
may  be  necessary  may  be  advanced  before  the  annual  appropriation  in 
J\lay,  as  other  expenditures  of  the  cily. 


Compensation. 
Chairman. 


Superintend- 
ent   streets. 


Commission- 
ers  control 
work. 


Estimates. 
Act    Sept.    3, 


Acts  of  Incorboratio^^.  55 


Sec.  159.     Said  board  shall  make  quarterly  reports  to  the  Mayor  ^^^^^^^ 
and  General  Council,  showing  its  transactions,  including  any  receipts 
and  all  its  expenditures  in  detail. 

Sec.  160.     No  member  of  said  board  shall  at  any  time  be  interested, 
directly  or  indirectly,  in  any  contract  of  any  kind  with  the  city  or  any  -^lemhers  of 


board  shall 
5t  contra< 
ith   city. 


of  its  departments,  and  any  member  who  shall  do  so  shall  be  guilty  of  a  "°*  contract 
misdemeanor  and  may  be  indicted  in  the  Superior  Court  of  Fulton 
Coxtnty,  or  proceeded  against  by  accusation  in  the  City  Court  of  At- 
lanta, and  on  conviction  shall  be  punished  as  provided  in  section  4310 
of  the  Code  of  this  State  of  1873  (being  1039  Code  1895). 

Sec.  161.     That  the  City  of  Atlanta  is  hereby  authorized  and  em- 
powered to  condemn  lands  for  sites  for  the  erection  of  public  buildings  j^nds,  '^  and*"""* 
for  said  city  for  parks  and  other  public  purposes,  in  the  manner  al-  ate^osTeT-^'^'" 
ready  provided  by  law  for  the  condemnation  of  land  in  said  city,  for  award"orgiv?, 
opening,  widening  or  changing  streets  and  alleys.     That  said  city  is  '"^  ^°"'^" 
hereby  authorized  and  empowered,  in  any  and  all  cases  when  land  has  Hon''™wr- 
been  assessed  or  condemned  for  street,  park,  public  buildings,  sewer  or  '"*^' 
other  ptiblic  purposes  of  said  city,  on  the  coming  in  of  the  award  of  the 
assessors,  on  paying  said  award,  or  in  the  case  of  appeal  from  the  award  isgi. 
by  either  party  on  providing  and  securing  the  payment  of  said  award  But  see  code 
or  eventual  condemnation  money  in  the  manner  hereinafter  provided  uonl  4657  ""et 
in  any  case  or  cases  in  which  appeal  is  taken  by  either  party  f rom  odl'  p?e-'"^^ 
such  award,  to  enter  upon  and  take  possession  of  said  land  for  the  pur- 
pose or  use  for  which  the  same  has  been  condemned,  and  such  entry  or 
possession  may  be  had  by  said  city  immediately  after  paying  or  se- 
curing payment  of  any  such  aw^ard,  or  the  eventual  condemnation 
money,  and  before  the  trial  on  the  appeal  case.     In  the  case  of  any 
such  award  made  and  appealed  therefrom  by  either  party,   should 
said  city  desire  immediately  to  enter  upon  and  take  possession  of  any 
land  assessed  or  condemned  for  any  purpose  aforesaid,  it  may  execute 
a  bond  with  good  security,  subject  to  the  approval  of  the  Judge  of  the 
Superior  Court  of  Fulton  County,  Georgia,  or  in  his  absence  from  the 
State,  of  the  Ordinary  of  said  county,  for  the  payment  of  the  eventual 
condemnation  money,  which  may  be  found  on  the  trial  of  said  case. 
Said  bond  when  approved  by  the  Judge  or  Ordinary,  as  above  provided, 
shall  be  filed  in  the  office  of  the  Clerk  of  the  Superior  Court,  and  on  the 
trial  of  the  assessment  or  award  appealed  from,  in  the  event  of  a  re- 
covery therein  by  the  appellant  against  said  city,  such  appellant  shall 
have  authority  to  enter  up  judgment  on  said  bond  for  the  amount  of 
such  recovery,  as  judgment  may  now  be  entered  in  appeal  cases  under 
the  laws  of  this  State. 

Sec.  162.     So  much  of  the  Act  amendatory  of  the  City  Charter  of  eommissi'fii- 
Atlanta,  approved  September  3,  1881,  as  establishes  a  Board  of  Com-  a'nd°  sewere""^ 
missioners  of  Streets  and  Sewers  for  said  city  be,  and  the  same  is  hereby  eommrSoiT-^ 
repealed,  and  that  the  powers  and  duties  of  said  Commissioners  of  Zlrka.  ^" 


56  Part  I. — Charter. 


Streets  and  Sewers,  as  defined  by  said  Act,  be,  and  the}^  are  hereby 
vested  in  the  Mayor  and  General  Council  of  said  city. 

Sec.  163.  The  qualified  voters  of  the  City  of  Atlanta  on  the  first 
Wednesday  in  December,  1894,  and  every  two  years  thereafter  shall 

i9''\893^^°'  ^^^^^  ^  Commissioner  of  Public  Works.  The  City  Engineer  shall  act 
provisionally  in  said  office  until  the  election  in  1886.  Vacancies  in 
said  office  shall  be  filled  by  the  General  Council  (except  as  other- 
wise provided  elsewhere  in  this  Charter.)' 

The  Mayor  and  General  Council  of  said  city  shall,  by  ordinance 
from  time  to  time,  define  the  powers  and  duties  of  said  Commissioner 
of  Public  Works,  and  shall  [the  year]  before  each  election  of  said  Com- 
missioner of  Public  Works,  fix  the  compensation  of  said  officer,  which 
shall  not  be  increased  or  diminished  during  his  term  of  office." 

Sec.  164.  So  much  of  the  Act,  approved  on  the  3d  day  of  October, 
1885,  amending  the  Charter  of  the  City  of  Atlanta,  as  created  the  office 

im.  ^^^'  '°'  ^^  Clerk  of  the  Commissioner  of  Public  Works,  as  a  charter  office,  and 
prescribed  the  term  of  office  of  such  clerk  be,  and  the  same  is  hereby  re- 
pealed, and  the  Mayor  and  General  Council  of  the  City  of  Atlanta  are 
hereby  vested  with  discretion  to  continue  said  office,  in  which  case  the 
term  and  compensation  shall  be  fixed  by  ordinance,  or  to  dispense  with 
such  office,  and  in  case  such  office  is  abolished  the  duties  prescribed  by 
said  Act  of  October  3d,  1895,  to  be  performed  by  such  Clerk,  shall  de- 
volve upon  the  Commissioner  of  Public  Works,  or  such  subordinate  of 
such  Commissioner  as  may  be  provided  for  by  ordinance. 

Sec.  165.     Said  Commissioner  of  Public  Works  shall,  before  en- 

oath  and  bond  tcring  iuto  the  discharge  of  the  duties  of  said  office,  execute  a  bond 

?ic  wta.^  "  with  security,  to  be  approved  by  the  Mayor  of  said  city,  in  the  sum  of 
ten  thousand  dollars,  conditioned  faithfully  to  discharge  the  duties  of 
said  office,  and  shall  also  take  an  oath  before  said  Mayor  that  during 
his  continuance  in  office,  he  will  make  all  appointments  and  discharges 
of  employees,  and  will  make  all  selections  or  purchases  of  material,  con- 
duet  and  execute  all  contracts  and  dealings  in  behalf  of  the  city,  and 
will,  in  these,  as  in  all  other  respects,  faithfully  and  impartially  dis- 
charge the  duties  of  said  office  with  an  eye  single  to  the  duty  and  the 
good  of  the  public  service  without  fear,  favor,  affection,  reward,  or  the 
hope  thereof,  and  without  being  in  any  manner  influenced  by  his  own 
interests  or  personal  favor  or  interest  of  any  other  individual,  whether 
member  of  Council  or  not,  and  that  he  will  faithfully  execute  all  orders 
of  the  city  government  as  officially  expressed  by  the  lawful  ordinances 
or  orders  of  the  General  Council,  and  approved  by  the  Aldermanic 
Board,  in  ease  such  approval  be  required  by  law;  and  the  Clerk  of 
said  Commissioner  (when  one  is  ])r()vided)  sh;ill,  in  like  manner,  fake 
an  oath  for  the  faithful  and  impartial  ])('rr(>riiianc('  of  liis  duties,  and 
shall  give  bond  in  the  sum  of  three  thnusaiid  dollars. 

1  People  to  elect. 

2  Clerk  abolished  as  charter  office  by  Act  Dec.  10,  1897. 


Acts  of  Incorporation-.  57 


Sec.  166.  The  said  Commissioner  of  Public  Works,  before  entering 
the  duties  of  his  office,  shall*  file  with  the  City  Clerk  a  statement  in 
writing,  showing  all  real  estate  in  the  City  of  Atlanta  and  County  of 
Fulton  owned  by  him,  or  in  which  he  is  in  any  manner  interested, 
either  as  proprietor,  partner,  copartner,  or  otherwise,  with  location 
and  description  thereof,  and  if,  during  his  continuance  in  office  he 
becomes  owner,  or. interested  as  aforesaid  in  any  such  property,  he 
shall,  within  five  days,  supplement  said  statement  by  like  entry  and 
description  thereof — and  a  failure  to  comply  with  the  requirements  of 
this  section  shall  be  good  cause  for  his  removal  from  office. 

Sec.  167.     It  shall  be  in  the  power  of  the  General  Council  to  con- 
solidate the  duties  of  any  other  office  or  offices  in  any  department  of  ^§85. ^''*' 
the  city  government,  other  than  charter  offices,  with  those  of  the  said 
Commissioner  of  Public  Works,  or  his  Clerk,  and  to  discontinue  or 
abolish  such  position  thus  rendered  unnecessary.' 

Sec.  168.  The  Commissioners  of  Roads  and  Revenues  of  said 
county,  be,  and  they  are  hereby  invested  with  the  exclusive  control  of 
said  convicts,"  and  with  the  sole  power  to  direct  the  work  of  the  said 
convicts  without  reference  to  proportion  of  population  between  the 
City  of  Atlanta  and  the  county  outside  of  said  city;  provided,  that 
whenever  the  said  Cornmissioners  of  Roads  and  Revenues  shall  see  fit 
to  direct  that  said  convicts  shall  work  on  the  streets  of  the  City  of  At- 
lanta, that  the  grade,  style  and  character  of  the  work  shall  be  deter- 
mined by  the  city  authorities,  but  the  particular  locality  or  streets 
upon  which  the  work  is  to  be  done,  shall  be  decided  l)y  a  majority  vote 
between  the  members  composing  the  Boards  of  Commissioners  of  Roads 
and  Revenues  and  Commissioners  of  Streets  and  Sewers  of  said  city, 
or  in  the  event  of  the  abolishment  of  said  Board  of  Commissioners  of 
Streets  and  Sewers,  the  Street  Committee  of  the  City  Council  of  said 
city.' 


1  Act  Oct.  13, 1S87,  and  proviso  to  Section  3. 

2  State  misdemeanor  convicts. 

3  See  Act  Sept.  21st,  1883. 


58 


Part  I. — Charter. 


CHAPTEK   IX. 


BOARD  OF  HEALTH. 


Section. 

169.  Board  of  Health— report  nuisance — May- 
or  and  General  Cotincil   power  to   abate. 

170.  Mayor  and  Chairman  Sanitary  Commit- 
tee ex-officio  members  board — power  to 
pass   ordinances. 


Section. 

171.  Drainage   of   lots   and   cellars. 

172.  Vacancies — how   filled. 

173.  May   compel   vaccination — appropriations. 


.\batement   of. 


nances    to 
carry    into 


Drainage  of 
lots  and  cel- 
lars. 


Section  169.  The  Ma_yor  and  General  Council  of  said  city  shall 
have  full  power  and  authority,  at  the  first  or  subsequent  meeting,  to 
elect  a  member  or  members  of  the  Board  of  Health  in  place  of  members 
whose  terms  have  expired  or  are  expiring,  and  the  members  so  elected 
shall  hold  office  for  a  term  of  three  years. 

The  Board  of  Health  shall  consist  of  five  members  besides  the 
Mayor  and  chairman  of  the  committee  of  the  General  Council  on 
sanitary  affairs,  a  majority  of  whom  shall  be  a  quorum  for  the  trans- 
action of  business.  It  shall  be  the  duty  of  said  Board  of  Health  to 
meet  weekly,  or  as  often  as  may  be  necessary,  to  visit  every  part  of  the 
city,  and  to  report  to  the  Mayor  and  General  Council  all  nuisances 
which  are  likely  to  endanger  the  health  of  the  city  or  of  any  neighbor- 
hood. That  said  Mayor  and  General  Council  shall  have  power,  upon 
the  report  of  said  Board  of  Health,  to  cause  such  nuisances  to  be 
abated,  and  its  recommendation  to  be  carried  out  in  a  summary  man- 
ner, at  the  expense  of  the  party  whose  act  or  negligence  caused  such 
nuisance,  or  of  the  owner  of  the  property  upon  which  the  same  may  be 
located,  as  the  Mayor  and  General  Council  shall  elect. 

Sec.  170.  From  and  after  the  passage  of  this  Act,  the  chairman  of 
the  committee  on  sanitary  affairs  of  the  General  Council  of  said  city 
shall  be  ex  officio  a  member  of  the  Board  of  Health  of  said  city,  in  ad- 
dition to  the  five  members  of  said  board  as  now  provided  by  law. 
The  said  Mayor  and  General  Council  shall  have  full  power  to  pass  all 
ordinances  that  may  be  necessary  to  carry  the  provisions  of  this  Act 
into  complete  and  full  effect. 

Sec.  171.  That  the  said  Mayor  and  General  Council  of  the  City  of 
Atlanta  shall  have  full  power,  upon  the  recommendation  of  said  Board 
of  Health,  to  cause  the  owners  of  said  lots  or  cellars  within  the  cor- 
porate limits  of  said  city,  to  drain  or  fill  the  same  to  the  level  of  the 
streets  or  alleys  upon  which  said  lots  or  cellars  are  located ;  that  if  the 
owner  of  said  lots  or  cellars,  or  the  occupants  of  the  same,  in  the  dis- 
cretion of  Council,  shall  fail  or  refuse,  after  reasonable  notice  to  him 
or  his  agents,  to  comply  with  the  requirements  of  the  said  Mayor  and 
General  Council,  by  draining  said  lots  or  cellars,  or  by  filling  up  the 
same,  it  shall  be  lawful  for  said  Mayor  and  General  Council  to  have 
this  work  performed,  and  the  amount  so  expended  collected  by  execu- 
tion, issued  by  the  Clerk  of  said  Council  against  the  owner  or  occu- 


Acts  of  Incorpoeatiox.  59 


pant  of  the  lots  or  cellars,  as  the  said  Mayor  and  General  Council  may 
elect,  and  the  sale  nnder  such  execution  shall  pass  as  complete  and  per- 
fect title  to  the  property  sold  as  a  sale  by  the  Sheriff  under  a  judg- 
ment and  execution. 

Sec.  172.     That  the  said  Mayor  and  General  Council  of  the  City  of  v^,.^„^y 
Atlanta  shall  have  full  power  and  authority  to  fill  any  vacancies  that  ^°^''^- 
may  occur  in  the  Board  of  Health ;  that  this  Act  may  be  plead  as,  and  -^^^  i^^*- 
shall  be,  a  complete  bar  to  any  action  brought  against  the  said  Mayor  ^fead™^''  ^^ 
and  General  Council,  or  either  of  them,  for  any  act  done  by  them  un- 
der its  provisions  and  the  ordinances  passed  in  pursuance  of  it.     The 
Board  of  Health  of  the  City  of  Atlanta  may  exercise  the  same  power 
as  is  now  vested  in  the  Mayor  and  General  Council  of  said  city,  relat- 
ing to  the  abatement  of  nuisances,  which  are  likely  to  endanger  the 
health  of  said  city,  or  any  neighborhood  therein,  to  such  extent,  and  ^"^^  ^^'*' 
under  such  regulations  as  may  be  prescribed  by  the  Mayor  and  Gen- 
eral Council;  provided,  that  nothing  in  this  section  shall  be  construed 
so  as  to  divest  the  power  to  cause  such  nuisances  to  be  abated,  which 
the  said  Mayor  and  General  Council  have  under  this  Charter. 

Sec.  173.     That  the  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  provide  by  ordinance  for  the  frequent  and  com-  May  compel 
pulsory  vaccination  of-  all  persons  in  said  city  by  suitable  qualified  ^^'^""^  '°"- 
physicians  to  be  selected  by  the  Board  of  Health  of  said  city,  and  to    '^ 
provide  and  enforce  suitable  and  adequate  penalties  against  any  and 
all  persons  who  shall  refuse  to  submit  to  vaccination  in  accordance 
with  the  provisions  or  requirements  of  such  ordinance. 

The  Mayor  and  General  Council  of  said  city,  at  the  time  the  annual 
appropriations  are  made  in  June  of  each  year,  shall  set  apart  and  ap-  sanitary 
propriate  such  amount  as  the  probable  income  of  the  city  will  authorize  '^pp^p"^  '°"- 
for  sanitary  purposes,  the  same  to  be  expended  by  the  Board  of  Health 
of  said  city  for  such  purposes.  The  City  of  Atlanta  shall  have  power 
and  authority  upon  the  advice  and  recommendation  of  the  Board  of 
Health,  and  through  the  agencv  of  said  Board,  or  such  other  agency 

,  . .   ,  T  ,       .  Crematories. 

as  it  may  select,  to  establish  and  operate  crematories,  as  many  as  may 
be  necessary,  for  the  proper  disposal  of  the  night  soil,  garbage  and  Dec.  is,  i894. 
other  refuse  of  said  city,  and  at  such  different  places  as  may  be  selected 
by  said  city,  with  proper  consideration  for  the  just  and  equal  distribu- 
tion of  said  refuse  matter;  provided,  nevertheless,  that  nothing  in  this 
Act  contained,  shall  be  held  or  construed  to  affect  any  pending  litiga- 
tion ;  and  provided  further,  that  this  Act  shall  not  be  taken  or  con- 
strued to  relieve  said  city  from  any  liability  for  damages  which  may 
accrue  to  person  or  property  from  said  crematories. 


60 


Part  I. — Charter. 


CHAPTER  X. 


POLICE  DEPARTMENT. 


Section. 

174.  Board  of  Police  Commissioners — election 
— term — vacancy   in   board — how    filled. 

175.  Members   of  board   must   take   oath. 

176.  Shall  elect  Chief  of  Police  and  other 
police  officers  and  policemen — shall  keep 
record  of  proceedings — hold  stated  meet- 
ings— quorum — compensation  of  board- 
control   of  police  force. 


Section. 

177.  City  Council  shall  prescribe  number  of 
force — must   take  oath — term  of  office. 

178.  Compensation  of  force — arrest  for  State 
ofi'enses — other  duties — Chief  to  prose- 
cute offenders — suspension  or  removal- 
accusation  and  trial. 

179.  Police  force  to  be  armed  and  uni- 
formed. 


Police  Com- 
missioners. 


Vacancy. 


Oath. 

Act    1874. 


Section  17-i.  The  Board  of  the  Commissioners  of  Police  shall  con- 
sist of  seven  (six  and  the  Mayor)  persons,  neither  of  whom  shall  be  a 
member  of  the  General  Council.  They  shall  be  elected  by  the  Mayor 
and  General  Council,  by  a  majority  vote."  The  first  election  shall  be 
held  at  the  first  regular  meeting  of  the  Council  in  March,  1874.  The 
terms  for  which  they  shall  be  elected,  are  as  follows :  Two  for  the  term 
of  one  year,  and  two  for  the  term  of  two  years,  and  one  for  the  term  of 
three  years.  At  the  first  regular  meeting  in  March  in  each  succeeding 
year,  an  election  shall  be  held  to  elect,  for  the  term  of  three  years,  a 
Commissioner  or  Commissioners  to  succeed  the  Commissioner  or  Com- 
missioners whose  term  or  terms  may  then  expire.  Should  a  vacancy 
occur  in  the  board  during  the  year  1874,  from  other  cause  than  the  ex- 
piration of  a  regular  term,  an  election  to  fill  it  shall  be  immediately 
held  by  the  Council,  any  year  thereafter  by  the  General  Council,  and 
such  incumbent  shall  hold  until  the  unexpired  term  shall  expire,  and 
until  his  successor  is  elected  and  qualified.  Each  regular  term  shall 
begin  at  the  date  of  the  election,  and  close  as  hereinafter  declared,  and 
until  a  successor  is  elected  and  qualified. 

Sec.  175.  Each  member  of  the  board,  before  entering  on  the  duties 
of  his  office,  shall  take  and  subscribe  this  oath  of  office  before  some 
officer  authorized  to  administer  it:  "I  swear  that  I  will  faithfully 
and  impartially  demean  myself  as  a  Commissioner  of  Police  during  my 
continuance  in  office.  I  have  not,  in  order  to  influence  my  election  to 
this  office  of  Commissioner,  directly  or  indirectly,  expressly  or  im- 
pliedly, promised  my  vote  or  support  to  any  person  for  any  office  in 
the  City  of  Atlanta,  nor  for  any  other  office.  1  will  not  knowingly 
permit  my  vote,  in  the  election  or  appointment  of  any  person  to  posi- 
tion on  the  police  force,  to  be  influenced  by  fear,  favor  or  affection,  re- 
ward, or  the  hope  thereof,  but  in  all  things  pertaining  to  my  said  office 
I  will  be  governed  by  my  conviction  of  the  public  good."  The  oath 
shall  be  entered  on  the  minutes  of  the  proceedings  of  the  board,  and 
the  original  shall  be  filed  in  the  office  of  the  Clerk  of  the  City  Council. 

Sec   17»).     The  Board  of  Police  Coininissioners  thus  elected  and 


Under  Act  of  1874  only  Ave  Commissioners. 
See  Act  September  3d,   1881. 


Acts  of  Incorporation.  61 


qualified  shall  have  the  exclusive  power,  and  it  shall  be  their  duty,  to  Elect  chief 
appoint  a  Chief  of  Police,  and  such  other  police  officers  and  policemen  cers.  °   ^"^  °  ' 
as  is  or  may  be  prescribed  by  city  ordinance.     This  power  extends  to  Act  i8~4. 
unexpired  as  well  as  regular  terms.     They  shall  keep  a  record  of  their  shaii  keep 
proceedings,  and  one  of  said  board  shall  act  as  clerk  thereof.     They 
shall  hold  a  stated  meeting  each  month,  and  such  other  meetings  as  the 
])ublic  interest  may  from  time  to  time  require.     Three  shall  constitute  Quorum. 
h  quorum,  with  power  to  transact  business.     Their  compensation  shall 
be  fixed  by  the  City  Council,  but  it  shall  not  be  less  than  one  hundred  tion. 
dollars  per  annum  for   each    Commissioner,   and  shall  be  paid  out  of 
the  citv  treasury.^     They  shall  exercise  full  direction  and  control  of 

„  ...  1  Control    of 

officers  and  members  of  the  police  force,  in  conformity  to  existing  laws  force, 
and  ordinances,  and  such  as  may  be  made  applicable  to  the  subject. 
Sec.  177.  •  The  police  force  of  the  city  shall  consist  of  a  Chief  of 

^  -  Number   of 

Police  and  such  other  officers  and  men  as  the  City  Council  shall  by  or-  fo>ce. 
dinance  prescribe.     They  shall  take  an  oath  faithfully  and  impartially  Act  i874. 
to  discharge  the  duties  imposed  on  them  by  laws  and  the  city  ordi-  oath. 
nances,  and  shall  give  such  bonds  as  may  be  required  of  them  by  city 
ordinance.     Their  several  terms  of  office  shall  commence  on  the  first  Term, 
day  of  April  and  continue  for  two  3'ears. 

Sec.  178.     Their  compensation  shall  be  prescribed  by  ordinance, 
and  shall  not  be  increased  or  diminished  during  their  respective  terms.  Compensa- 

°  ^  tion. 

Xo  extra  pay,  or  allowance,  or  cost  shall  be  made  to  them  or  either  of  . 

^    ■' '  '  Act    18(4. 

them.     It  shall  be  their  duty  to  naake  arrests,  in  the  manner  prescribed  ^^^ 

by  law,  of  persons  violating  any  penal  law  of  this  State.       They  shall  state  offenses, 
perform  such  other  duties  as  may  be  imposed  by  law  of  the  State  or  or- 
dinance of  the  City  Council.     It  shall  be  the  duty  of  the  Chief  of  Po- 
lice to  prosecute  offenders  before  the  Superior  Court  of  Fulton  county 
and  the  City  Court  of  Atlanta.     For  a  failure  to  perform  anv  dutv  re-  ^ 

■^  1-  .  „  Suspension    or 

quired  by  law  or  the  city  ordinances,  they  may  be  suspended  or  removed  removal, 
from  office  by  the  Board  of  Police  Commissioners.  The  mode  of  pre- 
ferring accusations  against  them,  and  of  their  trial,  shall  be  pre- 
scribed by  city  ordinance.  The  City  Council  shall  also  prescribe  the 
manner  of  suspending  until  trial  the  Chief  of  Police  or  any  other  police 
officer  or  policeman,  when  accusation  is  brought ;  and  in  all  such  cases 
the  Board  of  Commissioners  of  Police  may  make  appointments  to  the 
office  or  place  of  the  suspended  person,  such  appointment  to  hold  dur- 
ing suspension. 

Sec.  179.     The  Mavor  and  General  Council  shall  cause  the  entire 

Force  to  be 

Police  force  of  the  citv  to  be  armed  and  so  uniformed  as  to  be  readilv  armed  and 

•    uniformed. 

recognized  by  the  public  as  peace  officers ;  the  arms  to  be  furnished  at 

the  expense  of,  and  to  remain  the  property  of  the  city.       The  flavor 

and  General  Council  shall  have  authority  to  furnish  uniforms  at  the 

public  expense  to  the  members  of  the  Police  and  Fire  Departments  in  A<;t,  r>ec-  i". 

the  discretion  of  such  Mavor  and  General  Council. 


No  salary  since  Act  December  20th,   1898. 


62 


Part  I. — Charter. 


CHAPTER  XL 


PUBLIC   SCHOOLS. 


Section. 

180.  Public    Schools— power   to   establish 
maintain. 


Section. 

181.  Board    of   Education. 

182.  No   special   tax  for  school  purposes. 


Public    Schools 
— Power  to  es- 
tablish and 
maintain. 


Board  of  Edu- 
cation. 


Existing 
Board   con- 
tinued  and 
succession 
provided    for. 


Ordinances  to 
be   passed — and 
as  to   con- 
tracts. 


No   special 
tax. 


Sec.  180.  The  Mayor  and  General  Council  of  said  city  are  hereby 
empowered  to  maintain  a  system  of  public  schools,  as  now  established 
by  law,  in  the  said  city,  which  shall  be  free  to  all  the  children  within 
the  said  city.  And  the  said  Mayor  and  General  Council  shall,  by  or- 
dinance or  otherwise,  in  their  discretion,  provide  for  appropriate  agen- 
cies to  regulate,  improvise,  and  carry  on  said  system  of  schools  and  ren- 
der the  same  efficient.  . 

Sec.  181.  The  Board  of  Education  of  the  City  of  Atlanta  shall  be 
composed  of  seven  members,  one  from  each  ward,  and  the  Mayor  and 
Chairman  of  the  Committee  of  Council  on  Public  Schools  shall  be  ex- 
officio  members,  and  shall  hereafter  be  recognized  as  one  of  the  regular 
boards  of  the  city  government  provided  for  by  the  Charter  of  said  city. 
These  provisions  shall  apply  to  the  existing  Board  of  Education,  the 
members  of  which  shall  continue  in  office  until  the  end  of  the  terms  for 
which  they  have  been -elected  respectively,  unless  vacancies  shall  occur 
by  death,  resignation  or  removal  from  office ;  and  any  vacancy  so  occur- 
ring shall  be  filled  by  elections  by  the  Mayor  and  General  Council. 
Vacancies  occurring  by  expiration  of  term  shall  be  filled  by  elections  by 
the  Mayor  and  General  Council  at  the  regular  meeting  next  preceding 
the  expiration  of  such  term,  and  members  thus  elected  shall  hold  office 
for  a  term  of  five  years  and  until  their  successors  are  elected  and  quali- 
fied. The  Board  of  Education  shall  elect  the  Superintendent,  teach- 
ers, and  other  officers  of  the  public  schools,  and  shall  have  supervision 
and  government  of  such  schools  in  conformity  with  existing  ordinances 
and  such  as  may  be  made  by  the  Mayor  and  General  Council ;  but  the 
Board  of  Education  shall  not  have  power  to  bind  the  City  of  Atlanta 
by  contracts  for  the  purchase  of  the  school  property,  or  erection  of 
schoolhouses  or  the  furnishing  thereof,  or  for  salaries  of  officers  or 
teachers  for  any  sum  in  excess  of  the  annual  appropriation  made  by 
the  Mayor  and  General  Council  for  the  support  of  the  public  schools. 

Sec.  182.  No  special  tax  shall  be  levied  and  collected  for  school 
purposes  in  said  city,  but  the  expense  of  carrying  on  said  system  of 
public  schools  shall  be  paid  out  of  the  city  treasury,  under  such  rules 
as  may  be  prescribed  by  ordinance. 


Acts  of  Incorporation'.  63 


CHAPTER  XII. 

CITY  ASSESSORS  AXD  RECERTIRS. 

Section.  I    Section. 

183.  City    Assessors — election — duties.  184.  Oath   of   office — compensation. 

Sec.   183.     That  the  ]\[ayor  and  General  Council  shall   have  full 
]iow8r  and  authority  to  elect  at  the  same  time  the  other  city  officers  are  ^"*j^ection— 
elected,  three  persons,  freeholders,  residents  of  said  city,  as  City  Tax  ''"^'es- 
Assessors  and  Receivers,  who  shall  hold  their  office  as  prescrihed  in  the 
20th  section  of  this  Act  (1874)  unless  removed  by  the  Mayor  and  Gen- 
eral Council  for  cause,  to  be  judged  of  by  them.     It  shall  be  the  duty 
of  said  Assessors  to  assess  the  value  of  all  real  estate  at  the  cash  market  ^g-^  ^^j  ^^^, 
valuation,  within  the  corporate  limits  of  said  city,  and  to  make  a  return  ''^^  ^*''°'"  ^^^^ 
to  the  said  Mayor  and  General  Council,  as  provided  by  the  3oth  section 
of  the  Act  of  1874,  and  the  Tax  Assessors  and  Receivers  of  said  city  , 

shall  enter  the  same  in  their  books  with  other  taxes,  and  the  same  shall 
be  collected  as  other  taxes  of  said  city. 

Sec.  184.  The  said  Assessors  and  Receivers,  before  they  enter  on  o^th  of  office, 
the  discharge  of  their  duties,  shall  take  and  subscribe  an  oath  before 
the  Mayor  faithfully  and  truly  to  assess  all  the  real  estate  within  the 
corporate  limits  of  said  city,  and  to  return  such  assessment  to  the 
Mayor  and  General  Council  thereof,  with  the  names  of  the  owners 
thereof,  and  shall  receive  for  their  services  such  annual  salaries  each  [Jon.^^°^" 
as  the  J\Iayor  and  General  Council  shall  have  fixed  the  year  before 
their  elections. 


CHAPTER  XIII. 


TAX   COLLECTOR — TREASURER — MARSHAL — CLERK. 


Section. 

185,      186.        Tax     Collector— election— bond- 
compensation — oath — duties. 

187.  Treasurer — election — salary — bond — duties. 

188.  City  deposits  regulated. 

189.  Liabilitj'  of  sureties  on  Treasurer's  bond. 

190.  Marshal — election — bond. 

191.  Executions — fees. 


Section. 

192.  Compensation   of    Marshal. 

193.  Oath  of  Marshal. 

194.  Marshal    act    as    Inspector. 

195.  Election   of   Clerk,    etc.,    by   people. 

196.  Compensation   of   Clerk  and   Marshal. 

197.  Clerk — term — oath  and  bond. 


Sec.  185.     There  shall  be  elected  by  the  people  at  the  same  time  the 
other  city  officers  are  elected,  a  Tax  Collector  for  said  cit}',  who  shall 
be  elected  and  hold  his  office  as  prescribed  in  the  20th  section  of  this  ^^^  Collector. 
Act  (1874)  unless  removed  for  cause,  to  be  judged  of  by  the  Mayor  and  Act  of  i874— 
General  Council.     He  shall  give  bond  and  good  security,  to  be  fixed  peop^ie^*^ under  ^ 
and  judged  by  the  said  Mayor  and  General  Council,  payable  to  the  city  isgs."     ^^'   ' ' 
of  Atlanta,  for  the  faithful  discharge  of  his  duties.     He  shall  receive 
for  his  services  such  compensation  as  the  Mayor  and  General  Council  fined"by^Coun- 
the  year  next  preceding  his  election  shall  prescribe,  which  shall  not  be  20,'  189*8. 


64 


Part  I. — Charter. 


Distinct   from 


Duty   reg:u- 
lated  by  Oidi 
nances. 


Penalty    for 
failure   to    re- 
turn   property. 


Council 
relieve. 


increased  or  diminished  during  his  continuance  in  office.  Before  en- 
tering upon  the  discharge  of  his  duties  he  shall  take  and  subscribe  an 
oath  before  some  officer  authorized  to  administer  it,  to  faithfully  dis- 
charge the  duties  of  his  othce.  His  duties  shall  be  prescribed  by  or- 
dinance. 

Sec.  186.  The  office  of  Tax  Collector  of  said  city  shall  be  separate 
and  distinct  from  that  of  Tax  Assessors  and  Receivers.  The  Tax  Col- 
lector shall  collect  the  tax  of  said  city  under  such  rules  and  regulations 
as  may  be  prescribed  by  ordinance,  and  shall  perform  such  other  du- 
ties in  connection  therewith  or  incident  thereto  as  may  be  prescribed 
by  ordinance  not  in  conflict  with  this  Act  and  the  Charter  of  said  city. 
To  carry  out  the  purposes  of  this  Act  said  city  may  by  ordinance  re- 
quire of  any  officer  of  said  city  the  performance  of  any  duty  deemed 
necessary  or  proper  thereto.  In  all  cases  of  failure  to  return  prop- 
erty, real,  personal  or  otherwise,  for  taxation  by  the  15th  of  March  of 
each  year,  a  penalty  of  ten  per  cent,  shall  be  added  to  the  value  of  the 
property  of  such  defaulting  owners  for  taxation  ascertained  by  the  re- 
turn of  the  previous  year  or  otherwise ;  and  by  failure  to  return  by  the 
15th  day  of  March  of  each  year  for  street,  railway  or  other  capitation 
tax,  the  penalty  shall  be  double  tax.  But  the  Mayor  and  General 
Council  shall  have  power  to  relieve  against  the  penalty  for  failure  to 
return  within  the  time  provided,  where  the  failure  and  omission  are 
due  to  unavoidable  or  sufficient  cause.  Notice  of  the  time  of  closing 
the  books  for  receiving  returns  shall  be  published  in  any  one  or  more 
of  the  daily  papers  of  said  city  for  at  least  four  insertions  between  the 
1st  day  of  February  and  the  15th  day  of  March  of  each  year,  and  of- 
tener  if  deemed  necessary  by  the  Mayor  and  General  Council.' 

Sec.  187.  There  shall  be  elected  by  the  people  as  herein  provided, 
a  City  Treasurer,  who  shall  be  elected  and  hold  his  office  as  prescribed 
in  the  20th  section  of  this  Act  (1874)-  unless  removed  for  cause,  to  be 
judged  of  by  the  Mayor  and  General  Council;  to  have  a  reasonable 
salary  to  be  fixed  by  the  Mayor  and  General  Council  the  year  next  pre- 
ceding his  election,  which  shall  not  be  increased  or  diminished  dur- 
ing his  continuance  in  office.  He  shall  give  a  bond  and  security  in  the 
amount  to  be  fixed  by  the  Mayor  and  General  Council  for  the  faithful 
discharge  of  the  duties  of  his  office.  He  shall  take  and  subscribe  an 
oath  before  some  officer  authorized  to  administer  it,  faithfully  to  dis- 
charge the  duties  of  his  office.  He  shall  keep  a  book  in  which  he  shall 
make  an  entry  of  all  sums  of  money  received  and  shall  also  make  an 
entry  of  all  sums  of  money  paid  out,  and  shall  take  receipts  of  all  sums 
paid  out,  which  book  and  receipts  shall  be  subject  to  the  inspection  of 
the  Mayor  and  members  of  the  General  Council  of  said  city  at  sucli 
times  as  they,  or  either  of  them,  shall  think  proper. 

Sec.  188.  From  and  after  the  first  Monday  in  July,  1895,  the  de- 
posits of  moneys  in  the  hands  of  the  Treasurer  of  the  City  of  Atlanta 


Treasurer. 

Act  1874. 

People    elect, 
under   Act    of 

1893. 

Vacancies 
filled  by  Coun- 
cil.    Act  Dec. 


Oath. 

Books. 
Duties. 


See  Act   Sept.   4th, 


Acts  of  Incorporation.  65 


belonging  to  the  City  of  Atlanta,  shall  be  regulated  as  lollowe: 
Whenever  the  money  of  the  City  of  Atlanta  in  the  hands  of  tlie  City  {^^^^^p^^^^  ^''^■ 
Treasurer  shall  exceed  the  sum  of  five  thousand  ($5,000)  dollars,  such  ^^^  ^^  ^^^ 
monev  shall  be  deposited  in  four  (4)  chartered  banks  of  deposit  and 
discount  of  said  city  in  as  nearly  equal  proportions  as  may  be  practi- 
cable. The  depositories  shall  be  designated  by  the  ]\Iayor  and  General 
Council,  and  in  making  the  designation  regard  shall  be  had  to  rate 
of  interest  on  balances  of  deposits  offered  by  the  various  banks  and  to 
the  amount  and  kind  of  security  tendered  by  said  banks,  with  the  pur- 
pose on  the  part  of  the  Mayor  and  General  Council  to  get  the  best  rate 
of  interest  and  the  best  security  for  the  money  deposited.  The  Treas- 
urer and  his  sureties  shall  not  be  liable  on  his  bond  for  any  of  such 
moneys  while  on  deposit  as  aforesaid,  but  he  and  his  sureties  shall  be 
liable  on  his  bond  for  any  moneys  belonging  to  the  City  of  Atlanta 
not  so  deposited  under  direction  of  the  Mayor  and  General  Council. 
Moneys  on  deposit  as  aforesaid  shall  be  at  all  times  subject  to  be  drawn 
out  on  warrants  regularly  issued  by  the  Mayor  and  General  Council, 
signed  by  the  Comptroller,  to  pay  the  debts  or  current  expenses  of  the 
city,  and  shall  likewise  be  subject  to  be  withdrawn  from  the  bank  where 
deposited,  in  the  discretion  of  the  Mayor  and  General  Council,  at  a 
regular  or  special  meeting.  The  Treasurer  of  said  city  shall  have  no 
power  on  his  own  motion  to  withdraw  any  of  the  funds  so  deposited, 
but  can  only  do  so  upon  warrants  regularly  issued  and  countersigned 
as  aforesaid.  It  shall  nevertheless  be  the  duty  of  said  Treasurer  to  Dlp^foj.""  °^ 
furnish  the  Mayor  and  General  Council  immediate  notice  of  any  infor- 
mation coming  to  his  knowledge  tending  to  show  a  necessity  for  the 
removal  of  deposits  belonging  to  the  city,  and  for  a  neglect  to  furnish 
such  information  the  Treasurer  and  his  sureties  shall  be  liable  on  his 
official  bond  for  any  loss  occurring  to  the  city  from  such  neglect  on  his 
part.  But  in  case  none  of  the  banks  of  the  city  make  reasonable  offers 
of  interest  and  security  as  aforesaid,  or  a  smaller  number  of  the  banks 
than  four  (4)  make  such  offers,  then  the  whole  subject  of  the  regula- 
tion of  the  deposits  of  the  moneys  belonging  to  the  city  shall  be  left  to 
the  sound  discretion  of  the  Mayor  and  General  Council  in  office  for 
the  time  being.  The  Mayor  and  General  Council  of  the  City  of  At- 
lanta shall  have  full  power  to  provide  by  necessary  ordinances  for  the 
regulation  and  control  of  the  deposits  of  funds  belonging  to  said  city 
in  accordance  with  the  spirit  and  intent  of  this  Act. 

Sec.  189.     The  liabilities  of  any  surety  or  sureties  on  the  bonds  of 
the  Treasurer  of  the  City  of  Atlanta,  when  such  bond  is  given  after  the 
passage  of  this  Act,  shall  be  the  same  as  that  of  the  sureties  on  the  s^,',^^,^es"  on ^ 
bond  of  the  Treasurer  of  the  State  of  Georgia,  to  wit :     That  the  JZT'^"'^ 
property  of  any  such  surety  on  the  bond  of  such  City  Treasurer  shall  Act  of  is!»3. 
be  subject  to  a  lien  in  favor  of  the  City  of  Atlanta  for  the  full  amount  bonTamouin 
of  such  Treasurer's  bond  from  the  date  of  the  execution  thereof.  °^-    ^*^"  ^"^• 

Sec.  190.     There  shall  be  elected  by  the  people  at  the  same  time 


(5) 


66  Part  I. — Charter. 


People    elect 


Deeds   admis 
sible   like 


the  Clerk  is  elected,  a  Marshal,  who  shall  be  elected  and  hold  office  as 
provided  in  the  20th  section  of  this  Act  (1874)  on  the  subject  of  elec- 
tions by  the  Mayor  and  General  Council,  unless  removed  for  cause,  to 
1893"  ^''^  °*  ^®  .judged  of  by  the  Maj^or  and  General  Council.  He  shall  be  sepa- 
rate and  distinct  from  the  police  force  of  the  city.  It  shall  be  his 
duty  to  collect  or  levy  fi.  fas.  for  taxes  and  fi.  fas.  for  tines,  and  adver- 
tise and  sell  property  so  levied  on,  and  make  titles  to  purchasers,  and 
put  them  in  possession  of  the  property  so  sold  at  sales,  under  laws  gov- 
erning the  said  Mayor  and  General  Council,  under  the  same  rules  and 
delds-Act  regulations  that  govern  the  sheriff  and  his  deputies  at  sheriffs'  sales. 
Dec.  20,  1898.  jjg  shall  give  bond  to  said  city,  with  good  security,  for  the  faithful  dis- 
flued^by^coun-  charge  of  his  duties,  and  shall  have  such  compensation  and  perquisites 
20!'  1898*.  ^^'^'  ^s  the  General  Council  shall  prescribe,  which  compensation  shall  not 
be  changed  during  his  term  of  office,  and  shall  do  and  perfgrm  such 
fjonP*^"®^'  other  services  as  the  Mayor  and  General  Council  shall  prescribe  by 
ordinance. 

Sec.  191.     The  Mayor  and  General  Council  are  further  authorized 
Fees  covered     ^^  their  discretion  to  prescribe  and  collect  fees  for  the  issuing  of  busi- 
into  treasury,  j^ggg  ligg^ggg  qj.  executious,  either  or  both,  and  for  the  collection  of 
1891."^"^'  ^^'     executions,  and  to  provide  for  the  covering  of  all  such  fees  so  pre- 
scribed and  collected  into  the  Treasury  of  said  city  as  the  property  of 
the  City  of  Atlanta. 

Sec.  192.  The  said  Mayor  and  General  Council  are  also  hereby 
empowered,  after  the  termination  of  the  present  term  of  office  of  the 
office^o^Mar-  Marshal  of  said  city,  to  either  continue  the  said  office  of  Marshal,  or  to 
abolish  the  same  in  the  discretion  of  said  Mayor  and  General  Council, 
and  in  the  event  of  its  abolishment,  to  confer  upon  the  Tax  Collector 
of  said  city  the  powers  and  duties  of  such  Marshal  with  reference  to 
the  collection  of  executions,  whether  for  license  tax,  general  tax,  or  as- 
sessments for  street,  sidewalk,  sewer  or  other  public  improvements. 

Sec.  193.  Before  entering  upon  the  discharge  of  the  duties  of  his 
office  he  shall  take  and  subscribe  an  oath  before  some  officer  authorized 
to  administer  it,  to  faithfully  discharge  the  duties  of  his  office. 

Sec.  194.     It  shall  be  the  duty  of  the  Marshal  to  act  as  city  inspec- 
tor, under  such  rules  and  regulations  as  the  Mayor  and  General  Coun- 
inspector. ' '^     cil  shall  prescribe,  who  shall  be  empowered  to  enforce  the  State  laws 
Act  1874.          on  the  subject  of  weights  and  measures,  and  such  other  rules  and  regu- 
lations as  are  not  in  conflict  with  the  laws  of  this  State. 

Sec.  195.  The  Clerk  of  Council,  Marshal,  Comptroller,  City  At- 
torney, City  Engineer,  Comissioner  of  Public  Works,  Tax  Collector, 
cert^aiTofficers  Sexton  and  Treasurer  of  the  City  of  Atlanta,  shall  hereafter  be  elected 
vided  for  1893.  by  the  qualified  voters  of  said  city:  Provided,  this  Act  shall  not  inter- 
fere with  the  power  of  the  Mayor  and  General  Council  given  by  exist- 
ing law  to  abolish  the  office  of  Marshal,  or  to  consolidate  the  offices  of 
Marshal  and  Tax  Collector,  in  their  discretion,  nor  with  the  power 
given  by  existing  law  to  consolidate  any  of  the  other  offices  provided 


Act    Aug.    22, 


Oath. 

Act    1874, 


Acts  of  Incorporation".  67 


for  by  the  charter  of  said  city  with  the  office  of  Comptroller.  The  first 
election  of  said  officers  under  this  Act  shall  occur  on  the  first  Wednes-  []jj*^  °^  •^'^'=" 
day  in  December,  1894,  at  the  time  of  the  election  of  the  Mayor,  Alder- 
men, and  Councilmen,  and  shall  be  for  a  term  beginning  on  the  first 
Monday  in  July,  1895,  and  ending  on  the  first  Monday  in  January, 
1897,  and  all  subsequent  elections  of  such  officers  shall  be  held  with  the 
election  for  Mayor,  Aldermen,  and  Councilmen,  or  for  Aldermen  and 
Councilmen,  occurring  next  before  the  end  of  the  term  of  office  of  any 
of  said  officers,  and  shall  be  for  a  term  of  two  years,  beginning  on  the 
first  Monday  in  the  January  following  such  election:  Provided,  the 
Mayor  and  General  Council  of  said  city  may  elect  a  Commissioner  of 
Public  Works  at  the  first  meeting  in  January,  1894,  who  shall  hold 
office  until  the  first  meeting  in  January^  1895,  unless  sooner  removed 
for  cause ;  and  the  Commissioner  of  Publis  Works,  to  be  elected  by  the 
people  under  authority  of  this  Act,  shall  hold  office  for  a  term  of  two 
years,  beginning  on  the  first  Monday  in  January,  1895,  unless  removed 
for  cause,  as  aforesaid.  Vacancies  in  any  of  said  offices,  whether  oc- 
curring by  removal  or  otherwise,  shall  be  filled  by  elections  by  the  y,^''^"5''''^. 

°       -^  '  J  .;  fji]gj  by  Mayor 

Mayor  and  General  Council.     The  officers  of  the  city,  whether  elected  and  ^0"^*^^^ 
by  the  people  or  otherwise,  shall  be  subject  to  removal  from  office  by  ^^^  ^^^  ^  ^ 
the  Mayor  and  General- Council  for  cause,  according  to  the  provisions  20,  i898. 
of  the  Charter  now  in  force.     The  bond  of  the  Treasurer  shall  be 

Treasurer's 

be  sufficient,  in  no  event  to  be  less  than  one  hundred  thousand  ($100,-  ^ond. 
000)  dollars.     The  General  Council  shall  also  have  power  to  increase 
the  bond  whenever  they  may  deem  it  necessary  to  protect  the  interest 
of  the  city. 

Sec.  196.     The  Mayor  and  General  Council  of  the  City  of  Atlanta,  ^^     ^    ^^^^^ 
Georgia,  shall  have  the  power  and  authority  in  their  discretion  to  fix  o"*^eitife'r^of 
a  salary  for  the  Marshal  and  Clerk  of  Council  of  said  city  (for  either  and'"coveJ"pIr- 
or  both),  instead  of  perquisites,  and  to  cover  into  the  City  Treasury  of  the*' Treasury 
said  city  any  and  all   fees   and  perquisites  which  may  by  law  or  ordi- 
nance   be    required   to     be     paid    into    the     offices     of     Clerk    of 
Council    and    Marshal    of    said    city,    or    either    of    said    offices, 
for     issuing     licenses,     permits,     executions,     making     levies,     or 
for    any    other    purpose    whatever.       The    said    Mayor    and    Gen- 
eral   Council   are  also   hereby   authorized   to   provide   that   the  com-  f^^  SarsiSf'^'' 
pensation  of  said  IVIarshal  and  Clerk  of  Council,  or  either  of  them,  may  ary^a^id "partly 
be  fixed  in  part  by  salary  and  in  part  by  such  a  pro  rata  of  tTie  fees  and  and^cw^eT^bai- 
perquisites  received  in  such  offices,  or  either  of  them,  as  may  be  pro-  ^'^ttitel  into 
vided  by  said  Mayor  and  General  Council,  and  may  also  provide  that  pay'^Thein  "per- 
the  remainder  of  such  fees  and  perquisites  shall  be  covered  into  the  heretofore^.* 
treasury  of  said  city :     Provided,  that  nothing  in  this  Act  contained  Act  Aug.  22, 
shall  prevent  the  Mayor  and  General  Council  of  said  city  from  fixing  ^*''^' 
the  compensation  of  the  Marshal  and  Clerk  of  Council  of  said  city,  or 

1  See  Sections  242  and  243. 


68 


Part  I. — Charter. 


Elective  by 
people.  See 
Act   1893. 


cil. 

Act    1874 


either  of  them,  in  accordance  with  the  Acts  of  which  this  is  amenda- 
tory, should  they,  in  their  discretion,  deem  it  to  the  best  interest  of 
said  city  to  so  fix  the  same. 

Sec.  197.     There  shall  be  elected  by  the  people  at  the  time  pre- 

cieik  of  coun-  scribed  for  the  election  of  city  officers,  a  Clerk  of  Council,  who  shall 

hold  his  office  as  prescribed  by  the  said  20th  section  of  the  Act  of  1874, 

unless  removed  for  cause,  to  be  Judged  of  by  the  Mayor  and  General 

Council,  and  who  shall  receive  such  salary  as  the  Mayor  and  General 

Council  the  year  next  preceding  his  election  shall  prescribe.     He  shall 

give  bond  and  good  security,  to  be  fixed  and  judged  by  the  Mayor  and 

fiiiedTv^coun-  General  Council,  for  the  faithful  performance  of  his  duties.     He  shall 

c:i.    Act  1898  ^g^j,g  ^^^^  subscribc  an  oath  before  some  officer  authorized  to  administer 

it,  to  faithfully  discharge  the  duties  of  his  office.     His  duties  shall  be 

prescribed  by  ordinance. 


PeopL 
Act  1 


CHAPTEK  XIV. 


RECORDER — AUDITOR. 


Section. 

198.  Recorder — election — authority — term 
office. 

199.  Salary — vacancy^ — removed   for   cause. 

200.  Jurisdiction    in    nuisance    cases. 

201.  Recorder's  oath — powers,   etc. 


Section. 

202.  One  member  of  Council  may  hold  Re- 
corder's  Court. 

203.  Auditor  —  election  —  salary — duties — re- 
moved for  cause — General  Council  must 
examine  accoimts  and  reports. 


Recorder — a 
thority. 


Vacancy. 


Removal   for 
cause. 


Sept.    4, 


Section  198.  The  Mayor  and  General  Council  may,  in  their  dis- 
cretion, elect  a  Eecorder,  whose  duty  it  shall  be,  when  so  elected,  to 
preside  at  the  City  Court,  known  as  the  Mayor's  Court,  with  as  full 
and  ample  authority  to  try  and  dispose  of  all  cases  within  the  jviris- 
diction  of  the  Mayor's  Court,  as  the  Mayor  has  under  the  provisions  of 
this  Charter.  He  shall  hold  his  office  for  the  term,  as  provided  under 
the  20th  section  of  this  Charter,  unless  removed  for  cause,  to  be  judged 
of  by  the  Mayor  and  General  Council. 

Sec.  199.  The  salary  of  the  Eecorder  shall  be  fixed  by  the  Mayor 
and  General  Council  the  year  next  preceding  his  election,  and  shall 
not  be  increased  or  diminished  during  his  continuance  in  office.  In 
case  of  the  death,  removal  or  resignation  of  the  Recorder,  the  Mayor 
and  General  Council  may  elect  a  successor  to  fill  the  unexpired  term. 
He  may  at  any  time  be  removed  by  the  Mayor  and  General  Council  for 
cause,  to  be  judged  of  by  them. 

Sec.  200.  The  jurisdiction  now  vested  in  the  Mayor  and  General 
Council  of  said  city,  under  and  by  the  laws  of  this  State  as  contained 
in  the  Code  of  Georgia  of  1882,  in  sections  4094  to  4100  inclusive,  in 
respect  to  the  trial  and  abatement  of  nuisances  as  set  forth  in  said 
Code  and  sections,  be  and  the  same  is  hereby  devolved  upon  and  vested 
in  the  Recorder's  or  Mayor's  Court  of  said  city.  Said  Recorder's  or 
Mayor's  Court  shall  have  the  same  jurisdiction,  power  and  duty  as  to 


I 


Acts  of  Incorporation.  69 


the  trial  and  abatement  of  said  nuisances  as  the  Mayor  and  General 
Council  of  said  city  has  heretofore  had,  and  said  Mayor  and  General 
Council  are  hereby  relieved  of  jurisdiction  and  duty  to  try,  hear  or 
abate  such  nuisances:  Provided  and  except,  that  nothing  in  this  Act 
contained  shall  divest  the  Mayor  and  General  Council  or  Board  of 
Health  of  said  city  of  jurisdiction  as  to  nuisances  affecting  health  as 
now  provided  by  law.' 

Sec.  201.     When  sitting  as  a  Eecorder's  Court  he  shall  have  full 
power  and  authority  concurrent  with  the  Mayor,  Mayor  pro  tern.,  or  ''owers. 
one  member  of  the  General  Council,  to  try  all  offenders  against  the  or-  ^^,^  g^  ^^  .,^ 
dinances  of  said  city,  and  impose  such  penalties  for  violation  thereof  as  memberJ^br 
may  be  prescribed  by  the  ordinances  of  said  city.     Before  entering  ^^'^  i^^*- 
upon  the  duties  of  his  office  he  shall  take  and  subscribe  an  oath  beforp  ^^^^^ 
some  officer  authorized  to  administer  it,  faithfully  to  discharge  the  du- 
ties of  the  same.     The  Eecorder  may  hold  any  other  office  not  neces-  oth^r^'offlce. 
sarily  conflicting  with  his  duties  as  Eecorder.     His  duties  not  herein 
enumerated  may  be  prescribed  by  ordinance. 

Sec.  203.     Any  one  member  of  the  General  Council  of  said  city  is 
hereby  authorized  and  empowered  to  preside  in  and  hold  the  Eecorder's  o^V.Sersa*^'^ 
or  Mayor's  Court  of  said  city,  whenever  from  any  cause  the  Eecorder,  ^oiTpoiice"^ 
Mayor  or  Mayor  pro  tempore  of  said  city  can  not  be  in  attendance  to  *^°"''*- 
hold  the  same,  and  the  Mayor  and  General  Council  of  said  city  are  ^gi.  ^^*^'  ^*' 
hereby  authorized  to  provide  and  regulate  by  ordinance  how  the  desig- 
nation of  or  call  upon  any  member  of  the  General  Council  to  preside  as 
aforesaid  shall  be  made. 

Sec.  203.     The  Mayor  and  General  Council  may,  at  their  discretion, 
at  the  same  time  the  other  city  officers  are  elected,  elect  an  Auditor,  ^ry'^or"^'' 
who  shall  hold  his  office  as  provided  in  the  20th  section  of  this  Act,  Act  of  i874. 
unless  removed  for  cause,  to  be  judged  of  by  the  Mayor  and  General 
Council.     He  shall  receive  such  salary  as  may  be  voted  him    ])y   the 
General  Council  next  preceding  his  election,  which  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he  was  elected.     He 
shall  examine  quarterly  the  books,  papers  and  accounts  of  all  the  city  '^"*'''^" 
officers  through  whose  hands  money  may  pass,  and  make  a  written  re- 
port to  the  Mayor  and  General  Council  as  to  the  correctness  of  said 
accounts.     The  Auditor  may  be  removed  at  any  time  for  malpractice  Removed  for 
in  office,  or  for  incompetency.     The  election  of  an  Auditor,  with  the  ^^^^^' 
duties  above  set  forth,  shall  not  relieve  the  members  of  the  General  General  coun 
Council  of  the  responsibility  of  examining  into  all  accounts  for  and 
against  the  city,  and  into  the  reports  of  the  city  officers.' 


cil     must    -ex- 
amine  ac- 
counts,   etc. 


1  Of  doubtful  constitutionality,  but  general  law  confers  same  jurisdiction.    Section  4670 
et  seq.,  Code  of  189.5. 

2  This  office  has  been  vacant  since  creation  of  Comptroller. 


70 


Part  I. — Charter. 


CHAPTER  XV. 

BUILDING  INSPECTORS— CITY  ATTORNEY — CITY  ENGINEER — CITY 
SEXTON. 


Section. 

204.  Building  Inspectors — duties. 

205.  Recommendations   to   be   executed. 

206.  Election— term   of   office. 

207.  May  elect  one   Inspector. 


Section. 

208.  City    Attorney— City    Engineer    and    City 

Sexton — election — salary — duties    —    bond 

of   Sexton. 


Building    In- 
spectors. 


Recommenda- 
tions to  be  ex- 
ecuted. 


Term   of   office. 
Act  of  1874. 


One  Building 
Inspector  may 
be  substituted 
for    three. 


Qualification 
necessary. 


Section  304.  The  Mayor  and  General  Council  of  the  said  city,  at 
the  meeting  when  the  other  officers  are  elected,  or  at  any  subsequent 
meeting  of  said  Mayor  and  General  Council,  shall  have  full  power  and 
authority  to  elect  three  freeholders,  residents  of  said  city.  Building  In- 
spectors, whose  duty  it  shall  be,  in  connection  with  the  City  Engineer, 
to  inspect  all  buildings  and  walls  located  on  the  various  streets,  lanes 
and  alleys  of  said  city,  when  they  shall  be  requested  to  do  so  by  the 
Mayor,  and  to  report  the  result  of  said  investigation  to  said  Ma^^or, 
with  a  recommendation  to  the  best  course  to  be  pursued  in  reference 
to  said  buildings  or  walls,  for  the  protection  of  the  citizens. 

Sec.  205.  The  said  Mayor  shall  have  full  power  and  authority  to 
execute,  in  a  summary  manner,  the  recommendations  of  said  Building 
Inspectors,  or  a  majority  of  them,  at  the  expense  of  the  owner  of  said 
building  or  wall,  or  the  owner  of  the  lot  upon  which  the  same  may  be 
located,  in  the  discretion  of  the  said  Mayor,  should  the  said  owner, 
after  such  notice  as  may  seem  reasonable  in  the  discretion  of  the 
Mayor,  if  notice  can  be  served  on  him,  fail  or  refuse  to  remove  the  ob- 
structions reported  by  said  Building  Inspectors,  or  a  majority  of  them, 
such  expense  to  be  collected  by  execution  to  be  issued  by  the  Clerk  of 
Council;  and  the  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  pass  all  ordinances  that  may  be  necessary  to 
carry  this  measure  into  full  effect. 

Sec.  206.  The  said  Building  Inspectors  shall  hold  their  office  for 
the  term  of  two  years,  except  those  elected  at  the  first  meeting  in  Jan- 
uary, 1875,  or  at  the  next,  or  any  subsequent  meeting  thereafter. 
The  Inspectors  so  elected  shall  vacate  their  office  at  the  first  meeting 
of  the  Mayor  and  General  Council,  in  July,  1875,  at  which  meeting 
the  Mayor  and  General  Council  shall  elect  Building  Inspectors  for  the 
term  of  two  years,  after  which  time  all  elections  to  fill  said  offices  shall 
be  held  biennially. 

Sec.  207.  The  Mayor  and  General  Council  of  said  City  of  Atlanta 
may,  in  their  discretion,  substitute  for  the  three  Building  Inspectors 
provided  for  by  sections  93,  94,  and  95  of  said  Act  of  incorporation 
(of  1874)  including  amendments  heretofore  made,  a  single  Building 
Inspector,  in  which  case  the  Building  Inspector  shall  be  either  a  pro- 
fessional architect  and  builder,  or  a  civil  engineer  acquainted  with  the 
science  of  building.     And  in  the  event  of  the  substitution  of  one  In- 


Acts  of  Incorporatiox, 


71 


spector  in  tlie  place  of  three,  as  hereinbefore  provided  for,  the  Build- 


Powere   and 
duties  of 
Inspector. 


ing  Inspector,  so  to  be  elected,  shall  have  all  the  powers  and  discharge  ^^^^^  "^  ^"^ 

all  the  dtitios  devolving  upon  the  present  Building  Inspectors  under  the 

charter  of  said  cit}'  and  the  laws  of   the   State,   and  shall  in  addition 

thereto,  perform  such  other  duties  and  exercise  such  other  powers  and 

privileges  as  may  be  provided  for  by  .ordinances  of  said  City :  and  it 

shall  be  within  the  discretion  of  said  Mayor  and  General  Council  to  t^fon  may 'be 

siibstitute  the  one  inspector  for  the  three  Inspectors  now  in  office,  on  "^^^^' 

or  after  the  first  day  of  January,  1895. 

Sec.  308.     There  shall  be  elected  by  the  qualified  voters  of  said  city 
on  the  first  Wednesday  of  December,  1894,  and  biennially  thereafter,  city  Attorney, 
a  City  Attorney,  City  Engineer,  and  City  Sexton,  who  shall  each  hold  city  selton^"^' 
his  office  for  the  time  prescribed  by  the  20th  section  of  this  Act  (1874),  Act  i874. 
unless  removed  for  cause,  to  be  Judged  of  by  the  Mayor  and  General  Elected  by 
Council.     They  shall  each  receive  a  reasonable  salary,  to  be  fixed  by  isdi.  ^-     ""  ° 
the  Mayor  and  General  Council  the  year  next  preceding  their  election,  vacancies 
which  shall  not  be  increased  or  diminished  during  their  continuance  cii.    Act  of 
in  office.     Their  duties  shall  be  prescribed  by  ordinance.     Before  en-       [ 
tering  on  the  discharge  of  their  duties,  they  shall  each  take  an  oath 
before  sOme  officer  authorized  to  administer  it,  to  faithfully  perform 
the  duties  of  their  offices.     The  City  Sexton  shall  enter  into  bond,  with 
good  security,  payable  to  said  City  of  Atlanta,  in  an  amount  to  be  fixed  Bond  of  Sexton 
and  judged  of  by  the  Mayor  and  General  Council  for  the  faithful  per- 
formance of  his  office. 


CHAPTEE  XVI. 


MISCELLANEOUS  POWERS  AND  DUTIES. 


Section. 

209.  Process   to   be    directed   to   the    Marshal. 

210.  Insolvent    executions. 

211.  Witnesses — attendance    compelled. 

212.  Fee  bill  may  be  established. 

213.  Fire   limits. 

214.  Registration   of   voters. 

215.  Impeachments — General  Council   shall  try 
— judgment  in  case   of. 

216.  Officers  may  justify. 


Section. 

217.  Sale   of   personal   property. 

21S.  Salaries. 

219.  Convicts — authoritj'   to    farm   out. 

220.  Mayor   and   Council    for  1874. 

221.  Vacancies. 

222.  Salaries  of  officers — when  fixed. 

223.  No  salaries   for  members  of  boards. 

224.  Not  sued  until  opportunity  given  to   set- 
tle. 


Section  209.     All  warrants,  summonses,  precepts,  executions,  or  Process  di- 

'115  rected  to   Mar- 

other  processes  issued  by  the  Clerk  of  the  City  Council  of  Atlanta  shall  shai. 
be  directed  to  the  Marshal  of  the  City  of  Atlanta.  ■^''  ^^'^*- 

Sec.  210.     The  Mayor  and  General  Council  of  the  City  of  Athmta  insolvent  exe- 
shall  not  be  liable  to  pay  any  insolvent  executions  except  upon  such  '^"*'°°^- 
terms  and  regulations  as  they  may  prescribe.  ^*''*' 

Sec.  211.  The  Mayor  and  General  Council  of  said  city  shall  have  witnesses— at- 
full  power  and  authority  to  compel  the  attendance  of  parties  and  wit-  pelied!'^^  *^°™ 
nesses  at  the  Mayor's  Courts,  and  the  meetings  of  said  Council,  or  i874. 


72 


Part  I. — Charter. 


Fee  bill   for 
officers. 


Fire    limits. 
1874. 


General  Council ;  and  for  this  purpose  said  Mayor  and  General  Coun- 
cil shall  have  full  power  and  authority  to'- take  and  receive  of  parties 
and  witnesses  such  bonds  as  they  shall  deem  necessary  to  secure  the  at- 
tendance of  parties  and  witnesses,  and  to  pass  all  ordinances  necessary 
to  carry  this  provision  into  effect,  and  to  forfeit  and  collect  said  bonds 
in  the  same  manner  as  such  bonds  are  now  forfeited  in  the  Superior 
Courts  of  this  State. 

Sec.  212.  The  said  Mayor  and  General  Council  shall  have  power 
and  authority  to  establish  a  fee-bill  for  the  officers  of  said  city,  not 
higher  than  the  fees  allowed  the  county  officers,  or  lower  than  those 
allowed  to  Justices  of  the  Peace  and  Constables  of  the  State. 

Sec.  213.  The  said  Mayor  and  General  Council  shall  have  power 
and  authority  to  continue  the  fire-limits  as  now  established  by  law,  and 
from  time  to  time,  in  their  discretion,  to  extend  and  enlarge  the  same, 
within  which  fire-limits  so  established,  and  to  be  established,  it  shall 
not  be  lawful  for  anyone  to  erect  other  than  fire-proof  buildings,  or 
structures  of  any  kind,  other  than  fire-proof;  and  should  any  one 
erect,  or  cause  to  be  erected,  within  such  fire-limits  so  established,  any 
such  buildings  or  other  structures,  said  Mayor  and  General  Council, 
after  giving  five  days'  notice,  shall  cause  the  same  to  be  removed  at 
the  expense  of  the  owners  of  such  buildings  or  other  structures,  the  said 
expenses  to  be  collected  by  executions  issued  by  the  Clerk  of  Council ; 
and  the  said  Mayor  and  General  Council  shall  have  power  to  determine 
what  buildings  or  other  structures  are,  or  are  not,  fire-proof. 

Sec.  214.  The  Mayor  and  General  Council  of  said  city  shall  have 
full  power  and  authority  to  provide  for  the  registration  of  voters  prior 
to  any  municipal  election  in  said  city;  to  make  all  needful  rules  and 
regulations  for  the  same,  and  require  that  no  person  be  permitted  to 
vote,  unless  registered  as  aforesaid ;'  to  constitute  and  appoint  the  Tax 
Collector  of  Fulton  county  to  the  office  of  Eegistrar  of  said  city,  to  fix 
his  compensation  as  such  Eegistrar,  and  when  so  appointed, 
to  require  him  to  perform  the  duties  of  said  office.  That  the  registra- 
tion intended  under  this  Act  shall  take  effect  at  such  time  as  the  said 
Mayor  and  General  Council  shall  fix  by  ordinance ;  and  until  tlion  the 
present  mode  of  registration  for  said  city  shall  exist.' 

Sec.  215.  The  General  Council  of  said  city  shall  have  the  sole  right 
to  try  all  impeachments.  When  sitting  for  that  purpose,  they  shall  be 
under  oath  or  affirmation.  When  the  Mayor  is  tried,  the  Judge  of  the 
City  Court  shall  preside,  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.  Judgment,  in  case 
of  impeachment,  shall  not  extend  further  than  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust,  or  profit,  under  this 
charter;  but  the  party  convicted  shall,  nevertheless,  bo  liable  and  sub- 
ject to  indictment,  trial,  and  punishment,  according  to  law. 


Registration 
of  voters. 


General   Coun- 
cil  shall    try 
impeach- 


Aot   November 


Acts  of  Incorporation.  73 


Seb.  216.     That  any  of  the  officers  of  said  corporation,  who  may  be  f^^^  ""^^ 
sued  for  any  act  done  in  his  or  their  official  eliaractcr,  may  justify  ,3.^ 
under  this  Charter. 

Sec.  217.     Whenever  any  personal  property  has  been  levied  on  in  gj^,^  ^^  p^^. 


sonal   prop- 
erty. 


the  City  of  Atlanta,  if  of  character  to  render  its  removal  to  the  City 
riall  of  more  than  ordinary  expense  or  inconvenience,  the  same  may  ^§7^ 
be  sold  at  any  place  within  the  corporate  limits  of  said  city,  at  public 
outcry,  within  the  hours  now  provided  by  law,  and  after  having  given 
the  notice  required  by  law :  Provided,  the  owner  thereof  gives  his  con- 
sent. 

Sec.  218.     It  shall  be  the  duty  of  the  Mayor  and  Council  now  in  Salaries. 
oflfice  in  said  city,  to  fix  the  salaries  or  compensation  of  the  officers  first 
to  be  elected  for  said  city  under  this  act.' 

Sec.  219.     That  the  Mayor  and  General  Council  are  hereby  author- 
ized to  farm  out  all  persons  sentenced  to  imprisonment  for  yiolating  thorYty^^uf"' 
the  ordinances  of  said  city,  in  the  same  manner  and  upon  the  same  *^™  °"*" 
terms  as  the  Ordinaries  of  this  State  are  authorized  to  farm  ont  con-  '^^''*- 
victs. 

Sec.  220.     That  the  Mayor  and  Councilmen,  in  office  in  said  city,  ^j^yor  and 
are  hereby  clothed  with  all  the  powers,  rights  and  privileges,  during  ^g^T"^  ^"'^ 
their  continuance  in  office,  that  by  the  terms  of  this  Act  are  conferred  1374 
on  the  Mayor  and  General   Council  as  provided  herein.     The  said 
Mayor  and  Council  shall,  in  like  manner,  be  subject  to  the  same  limi- 
tations and  restrictions.     They  shall  have  full  power  and  authority  to 
pass  all  needful  ordinances,  resolutions  and  by-laws,  for  the  successful 
carrying  into  effect  of  this  Act. 

Sec.  221.     The  said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  fill  any  vacancy  that  may  occur  in  any  office  ^=i'^an«=»e3 
held  under  election  or  appointment  by  the  said  ]\Iayor  and  General  ^^^*' 
Council,  for  the  unexpired  term  thereof. 

Sec.  222.     That  hereafter  the  salaries,  compensation  or  emoluments  The  pay  of  all 
of  all  the  officers  of  said  city,  whether  charter  officers  or  otherwise,  fiflfd1he°year 
shall  be  fixed  by  the  Mayor  and  General  Council  in  office  the  year  pre-  eTeetio'n  ^or 
ceding  the  election  or  appointment  of  said  officers,  and  such  salary,  appo"»tment. 
compensation  or  emoluments  shall  not  be  changed  for  or  during  the  "^''*'  "*' 
term  for  which  any  such  officer  was  elected  or  appointed. 

Sec.  223.     From  and  after  the  first  day  of  January,  1899,  the  mem-  no  salaries  for 
bers  of  the  several  Administrative  Boards  of  the  City  of  Atlanta,  such  Bo^ds.'^  °^ 
as  the  Board  of  Police  Commissioners,  the  Board  of  Water  Commis-  Act  Dec.  '20, 
sioners,  the  Board  of  Health,  the  Board  of  Firemasters,  the  Board  of 
Education,  the  Grant  Park  Commission,  the  Trustees  of  the  Grady 
Hospital  and  all  similar  administrative  boards  of  the  city  government, 
shall  serve  without  salaries,  whether  such  members  of  any  of  said 
boards  were  elected  before  or  after  the  passage  of  this  Act. 

Sec.  224.     Xo  person,  firm  or  corporation  having  a  claim  for  money 

1  Reference    of    this    section   was   to   Council   of   1S74. 


74 


Part  I. — Chartee. 


,     ,.,  damas-es  against  the  City  of  Atlanta  on  account  of  injuries  to  person  or 

Not   sued  until  &  ti  J  j  i 

°wen*to""e«ie  P^opert}',  shall  bring  any  suit  at  law  or  in  equity  against  the  said  City 
Act  Dec  20  ^^  Atlanta  on  such  account  without  first  presenting  such  claim  to  the 
1898.  '    Mayor  and  General  Council  of  the  City  of  Atlanta  for  adjustment  and 

no  such  suit  shall  be  entertained  by  the  Courts  against  the  City  of  At- 
lanta unless  the  cause  of  action  therein  has  been  first  presented  to  the 
Mayor  and  General  Council  for  adjustment,  provided,  that  upon  the 
presentation  of  such  claim  in  any  case  to  the  Mayor  and  General  Coun- 
cil, said  Mayor  and  General  Council  shall  consider  and  act  upon  the 
same,  favorably  or  unfavorably,  to  the  petitioners  within  three  months 
from  the  presentation  thereof ;  provided  further,  that  the  action  of  the 
Mayor  and  General  Council  upon  such  claim,  unless  it  results  in  the 
settlement  thereof,  shall  in  no  sense  be  a  bar  to  the  plaintiff's  rights  in 
such  cases  in  the  courts. 


CHAPTER  XYII. 


CITY    BONDS.       CHARTER    SURPLUS.       SINKING    FUND. 


Section. 

225.  $385,000  7  per  cent,   floating  debt   bonds. 

226.  $50,000  to   be  placed  in  sinking  fund  an- 
nually,  beginning  with   1896. 

227.  Repealing    Act    requiring    $50,000    to    be 
paid  sinking  fund  each   year. 

228.  Charter   annual  surplus   to   pay  first   half 
year's  expenses. 

229.  Charter  surplus — how  used   and   replaced. 

230.  Treasurer    shall    keep    account    with    sur- 
plus. 

231.  Fixes  surplus  at   $175,000. 

232.  Also    about    surplus. 


Temporary   loans   authorized. 
$.55,625   capital   bonds  authorized. 
Refunding   bonds  authorized. 
Authorize  refunding   of  whole   debt. 
May   register   bonds. 
239.    May    substitute    registered    for    c 
pon   bonds. 

Guardians   and    Trustees   may     invest 
Atlanta   bonds. 

(a).    May  create   fund   for   City     Hall 
site, 
(b).   May  buy  Piedmont  Park. 


amount    of 
$385,000. 


Sec.  225.  The  City  of  Atlanta  is  hereby  authorized  to  issue  bonds 
Authorizin  "^^^^  ^^^  usual  interest  coupons  attached,  to  the  amount  of  three  hun- 
bon(b^to°the°^  ^^^^  ^^^  eighty-five  thousand  dollars,  said  bonds  to  be  issued  and  bear 
date  as  soon  as  the  same  can  be  prepared,  and  shall  be  of  such  foi-m 
and  denomination,  and  bear  such  rate  of  interest  (not  exceeding  seven 
per  cent.)  as  the  Mayor  and  General  Council  of  said  city  shall  by  ordi- 
nance provide,  and  shall  be  payable  as  follows:  twenty-five  thousand 
dollars  in  amount  on  the  1st  day  of  January,  1886,  and  an  equal 
amount  on  the  1st  day  of  January  of  each  of  the  immediately  succeed- 
ing four  years;  forty  thousand  dollars  January  1st,  1891,  and  an  equal 
amount  on  the  1st  of  January  of  each  of  the  immediately  succeeding 
three  years;  (fifty  thousand  dollars  on  the  1st  of  January.  1895,  and 
the  same  amount  on  the  1st  of  January,  1896. 

The  city  shall  not  sell  said  bonds,  or  any  portion  of  them.  ])elow  par. 
The  Mayor  and  General  Council  of  said  city  shall  provide  each  year  by 
taxation  a  sufficient  amount  to  pay  the  principal  and  interest  of  said 
bonds  as  the  same  shall  mature.  Said  bonds  shall  be  non-taxable  by 
the  city.     The  proceeds  arising  from  the  sale  of  said  bonds  shall  be 


Shall  not  be 
Bold  below 
par. 

Taxation   to 
pay  bonds. 


Acts  of  Incorporation.  75 


used  in  paying  off  the  present  floating  debt  of  said  city,  and  for  no  ^'^^'^^'  ^'^^ 
other  purpose  whatever. 

Sec.  226.  Be  it  further  enacted  That  during  the  year  eighteen 
hundred  and  ninety-six  (1896),  and  each  succeeding  year,  the  Mayor  P«™^^t„^ 
and  General  Council  of  said  city  shall  set  apart  and  appropriate,  from 
the  revenue  of  the  city  for  each  year  fifty  thousand  dollars  ($50,000), 
to  be  used  solely  and  exclusively  for  the  purchase  and  retirement  of  any 
bonds  of  the  city  that  may  be  outstanding,  until  the  whole  of  the  pub- 
lic debt  of  the  city  is  paid  off.' 


AN  ACT 

TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  ATLANTA. 

Whereas,  In  the  caption  of  An  Act  approved  on  the  22d  day  of 
August,  1879,  amending  the  Charter  of  the  City  of  Atlanta,  the  second 
clause  of  said  caption  was  in  the  following  words : 

"To  require  the  Mayor  and  General  Council  of  said  city,  during  the 
year  Eighteen  Hundred  and  Ninety-six,  and  each  year  thereafter,  until 
the  whole  of  the  public  debt  of  the  city  is  paid  off,  to  set  apart  and  ap- 
propriate for  that  purpose,  the  sum  of  Fifty  Thousand  Dollars,  and 

Whereas,  by  the  second  section  of  said  Act  it  was  provided  as  fol- 
lows : 

Be  it  Further  Enacted,  That  during  the  year  Eighteen  Hundred 
and  Ninety-six,  and  each  succeeding  year,  the  Mayor  and  General 
Council  of  the  city  shall  set  apart  and  appropriate  from  the  revenue  of    ^*''     ' 
the  city  for  each  year,  Fifty  Thousand  Dollars,  to  be  used  solely  and  Repeals  .e- 
exclusively  for  the  purchase  and  retirement  of  any  bonds  of  the  city  $5o,'ooo^"e 
that  may  be  outstanding  until  the  whole  of  the  public  debt  of  the  city  fngVund 

.  ,    '    ™  T  annually. 

is  paid  on,  and 

Whereas,  by  the  second  Section  of  an  Act  amending  the  Charter  of 
the  City  of  Atlanta,  approved  on  the  13th  day  of  Novenmber,  1889,  it 
was  provided  as  follows : 

Be  it  Further  Enacted,  That  the  Mayor  and  General  Council  of 
said  city  are  hereby  authorized  and  empowered  to  cause  the  issue  of 
new  coupon  bonds  of  said  city  to  meet  and  retire  any  and  all  bonds  of 
said  city  now  outstanding  as  the  several  installments  thereof  shall  here-  . 
after,  from  time  to  time,  mature  and  fall  due ;  said  new  coupon  bonds 
to  be  in  such  form,  to  run  for  such  length  of  time,  and  to  bear  such 
rate  of  interest,  not  exceeding  four  and  one-half  (4|)  per  centum  per 
annum,  as  the  said  Mayor  and  General  Council  may  direct,  and  the 
proceeds  to  be  applied  only  for  the  purpose  of  paying  off  and  retiring 
any  bonds  of  said  city  now  outstanding,  as  the  same  mature,"  and 

Whereas,  the  fourth  Section  of  said  last  mentioned  Act  repeals  all 


1  It  is  believed  that  this  Section  was  repealed  by  the  refunding-  Act  of  November  13,   1889, 

and   in   practice   it  has  been   treated   as  repealed. 

2  This   Section   expressly   repealed  by   Act   December  20,  1898,  which  immediately  follows  it. 


76  Part  I. — Charter. 


laws  and  parts  of  laws  in  conflict  with  said  Act,  thus  apparently  and 
impliedly  repealing  the  matter  quoted  from  the  caption  and  the  body 
of  the  Act  approved  August  22d,  1879,  but  without  specifically  men- 
tioning such  portions  of  the  caption  and  Act  of  1879;  for  remedy 
whereof ; 

Section  1.  The  Senate  and  House  of  Representatives  of  Georgia 
in  General  Assembly  met  do  enact,  that  the  second  clause  of  the  cap- 
tion of  the  Act  approved  August  22d,  1879,  in  the  following  language: 

"To  require  the  Mayor  and  General  Council  of  said  city,  during  the 
year  Eighteen  Hundred  and  Ninety-six,  and  each  year  thereafter,  until 
the  whole  of  the  public  debt  of  the  city  is  paid  off,  to  set  apart  and  ap- 
propriate for  that  purpose  the  sum  of  Fifty  Thousand  Dollars"  and 
Section  second  of  said  Act  approved  August  22d,  1879,  in  the  follow- 
ing language : 

Be  it  Further  Enacted,  That  during  the  year  Eighteen  Hundred 
and  Ninety-six,  and  each  succeeding  year,  the  Mayor  and  General 
Council  of  the  city  shall  set  apart  and  appropriate  from  the  revenue 
of  the  city  for  each  year,  Fifty  Thousand  Dollars,  to  be  used  wholly 
and  exclusively  for  the  purchase  and  retirement  of  any  bonds  of  the 
city  that  may  be  outstanding  until  the  whole  of  the  public  debt  of  the 
city  is  paid  off,"  be  and  the  same  are  hereby  expressly  repealed,  such  re- 
peal to  take  effect  on  the  13th  day  of  November,  1889,  when  the 
Mayor  and  General  Council  of  the  City  of  Atlanta  were  authorized  to 
refund  the  whole  bonded  debt  of  said  city  by  iVct  of  November  13th, 
1889. 

Sec.  228.  In  order  that  said  city  may  accumulate  in  its  treasury  a 
sufficient  fund  to  pay  the  interest  and  current  expenses  of  the  city  gov- 
ernment for  six  months,  and  thereby  remove  the  difficulty  under  which 
Provision  for  fhc  authorities  of  said  city  labor  in  being  compelled  to  borrow  money 
penses  for  six   duriug  the  first  half  of  each  year,  the  following  authority  is  hereby 

months,    from  °  r  p  i  •  . 

Jan.  1,  to  June  given :     The  Mayor  and  General  Council  of  said  city,  in  lieu  ot  one- 

30,    1879.  &  J  J^ 

fourth  of  the  tax  on  real  estate  now  set  apart  to  pay  the  floating  debt, 
shall,  from  the  receipts  from  tax  on  real  estate  for  the  year  1879,  set 
apart  in  cash  and  appropriate  twenty  thousand  dollars  for  this  pur- 
pose; and  said  body,  for  the  years  1880,  1881,  1882,  1883  and  1884, 
shall,  in  each  of  said  years,  set  apart  in  cash  and  appropriate  from  the 
receipts  from  the  same  source,  twenty-five  thousand  dollars  for  this 
purpose,  which  several  amounts,  aggregating  one  hundred  and  forty- 
five  thousand  dollars,  shall  be  used  to  pay  the  semi-annual  interest  due 
Janary  1st,  1885,  and  the  current  expenses  of  the  city  government 
from  January  1st  to  June  30th,  1885,  inclusive.' 

Sec-  229.  The  amounts  appropriated,  as  provided  in  the  preceding 
Funds,  as  ac-  scction,  fop  cach  year,  shall  be  carried  forward,  as  it  accumulates,  in- 
may^be'^u'sed.  tact,  and  shall  bc  held  and  reserved  for  the  purpose  specified:  Fro- 
1879.  vided,  that  the  city  authorities,  as  said  fund  accumulates,  may  use  the 

1   All  tliese  Sections  are  retained   to  show   liistoiy   of  tliis  legislation. 


Acts  of  Ixcorporation.  77 


amount  accumulated  during  the  previous  year,  or  years,  to  pay  the  in- 
terest and  current  expenses  for  the  early  part  of  any  year  prior  to  the 
vear  1885,  the  same  to  be  replaced  in  the  fu7ids  in  cash  from  taxes  col- 
lected for  said  year,  together  with  the  amount  required  by  this  Act  to 
be  set  apart  for  such  3'ear  before  the  year  expires. 

Sec.  230.     The  City  Treasurer  shall  open  on  his  books  and  keep  an 
account  with  the  fund  provided  for  in  the  two  preceding  sections,  until  -f.leoun't^  with"' 
the  same  is  accumulated  and  ex]X'nded  in  the  year  1885,  as  therein  re- '^"''^  '"'"^• 
quired.  ^^'^■ 

Sec.  231.     The  revenue  of  said  city  from  all  sources  for  the  year 
1885,  and  succeeding  years,  shall  be  used  to  pay  the  interest  and  cur-  pj^^^j  ^^^^ 
rent  expenses  of  the  city  for  the  latter  half,  to  wit :  from  the  1st  day  ^^^"  ^^**- 
of  July  to  the  31st  day  of  December,  inclusive,  of  the  year  in  which  it  ^^"^• 
is  collected,  and  for  the  first  half,  to-wit :  from  the  1st  day  of  January 
to  the  30th  day  of  June,  inclusive,  of  the  next  succeeding  year.     And 
in  order  to  carry  this  provision  into  effect,  the  Mayor  and  General 
Council  for  1885,  and  for  each  succeeding  year,  are  required  to  have, 
in  cash  in  the  City  Treasury,  when  the  year  expires,  and  to  turn  over 
in  cash  to  their  immediate  successors  $175,000.00." 

Sec.  232.     That  from  and  after  the  passage  of  this  Act,  section  six 
of  the  above-recited  Act,  approved  August  22nd,  1879,  be  and  the  same  Repealing 
is  hereby  repealed,  and  that,  in  lieu  of  said  section,  it  is  enacted  that  ^■^*"*^- 
the  Mayor  and  General  Council  of  said  city  shall,  from  the  receipts  \ll~\ 
from  tax  on  real  estate  for  the  year  1885,  1886,  1887  and  1888,  set 
apart  in  cash  in  each  of  said  years,  and  turn  over  to  their  successors 
in  office,  the  sum  of  twenty-five  thousand  dollars,  which  said  several  te'^ed^''' 
sums  will  at  the  end  of  said  time,  together  with  the  fund  heretofore 
created  by  said  Act,  amounting,  on  the  first  of  January,  1885,  to  one 
hundred  and  forty-five  thousand  dollars,  aggregate  the  entire  sum  of 
two  hundred  and  forty-five  thousand  dollars  out  of  which  said  sum  of 
two    hundred    and    forty-five    thousand    dollars,    one    hundred    and 
seventy-five    thousand    dollars    shall    be    turned    over,    in     cash,     to 
each  succeeding  Mayor  and  General  Council,  continuously,  for  the  pur-  t  ™ned   over.^ 
pose  of  paying  the  semi-annual  interest  due  January  1st  of  each  year,  use  of  fund, 
and  the  current  expenses  of  the  City  Government  from  January  1st  to 
June  1st  of  each  year." 

Sec.  233.     The  Mayor  and  General  Council  of  Atlanta  shall  have 
power  and  authority  to  borrow  money  by  making  temporary  loans  of  moneT'of 
not  exceeding  two  hundred  thousand  dollars  in  any  one  year,  beginning  loaris"'^^'^"^ ' 
with  1894,  the  sum  or  sums  so  borrowed  to  be  repaid  out  of  the  income  Dec  19,  1993. 
of  the  city  for  the  year  in  which  the  loan  or  loans  were  made,  and  be-  How  to  be  re- 
fore  the  expiration  of  the  year  in  which  the  same  was  borrowed,  this 
authority  to  be  in  lieu  of  authority  heretofore  granted  to  borrow 
smaller  sums. 


See  Act  approved  July  29, 
Act    July    29,  1887. 


78 


Part  I. — Charter. 


Also  specially 
authorized  by 
State  Consti- 
tution. 

Due  in  thirty 
years. 


Proceeds — 
how   used. 


Provision    for 
payment  of. 


Authorizing 
issue  of 
Redemption 
Bonds. 


Sec.  234.  The  City  of  Atlanta  is  hereby  authorized  to  issue  bonds, 
May  issue  -^yj^h  the  usual  interest  coupons  attached,  to  the  amount  of  fift.y-five 
^5  g25  thousand  six  hundred  and  twenty-five  dollars,  said  bonds  to  issue  and 

^gg^  bear  date  as  soon  as  the  same  can  be  prepared,  and  shall  be  of  such 

denomination  and  form,  and  bear  such  rates  of  interest  (not  exceeding 
six  per  cent,)  as  the  Mayor  and  General  Council  of  said  city  may  be 
ordinance  provide,  and  shall  be  payable  thirty  years  from  date.  The 
said  city  shall  not  sell  said  bonds  or  any  portion  of  them  below  par. 
They  shall  be  non-  taxable  by  city,  and  the  proceeds  arising  from  their 
sale  shall  be  used  in  paying  the  amount  due  by  the  City  of  Atlanta  to 
the  State  of  Georgia,  being  the  amount  agreed  \ipon  as  the  valuation 
of  the  old  capitol  building  at  Milledgeville,  or  for  replacing  other  funds 
used  for  such  purposes,  in  case  it  should  be  necessary  to  make  such 
payment  to  the  State  before  said  bonds  can  be  sold,  and  for  no  other 
purpose  whatever.  The  Mayor  and  General  Council  shall  provide  by 
taxation  sufficient  amount  to  pay  the  principal  and  interest  of  said 
bonds  as  they  mature. 

Sec.  235.  The  Mayor  and  General  Council,  with  the  concurrence 
of  the  Aldermanic  Board  of  the  City  of  Atlanta  are  hereby  authorized 
to  cause  the  issue  of  new  coupon  bonds  of  said  city  to  meet  and  retire 
the  securities  of  said  city,  known  as  the  six  per  cent,  funding  Ijonds, 
as  the  several  installments  of  the  same  shall  hereafter,  from  time  to 
time,  mature  and  fall  due,  beginning  with  the  next  installment, 
amouning  to  twenty-five  thousand  dollars,  which  falls  due  on  the  first 
day  of  January,  1887.  Said  new  coupon  bonds  to  be  in  such  form, 
to  run  for  such  length  of  time,  and  to  bear  such  rate  of  interest  (not 
exceeding  four  and  one-half  (l^^)  per  centum  per  annum)  as  the  said 
City  Government  may  direct,  and  the  proceeds  to  be  applied  only  for 
for  the  purpose  of  paying  off  and  retiring  said  series  of  six  per  cent, 
funding  bonds  above  described. 

Sec.  236.  The  Mayor  and  General  Council  of  said  city  are  hereby 
authorized  and  empowered  to  cause  the  issue  of  new  coupon  bonds  of 
said  city  to  meet  and  retire  all  bonds  of  said  city  now  outstanding  as 
the  several  installments  thereof  shall  hereafter,  from  time  to  time, 
mature  and  fall  due ;  said  new  coupon  bonds  to  be  in  such  form,  to  run 
for  such  length  of  time,  and  to  bear  such  rate  of  interest,  not  exceeding 
four  and  one-half  per  centum  per  annum,  as  the  said  Mayor  and 
General  Council  may  direct,  and  the  proceeds  to  be  applied  only  for  the 
purpose  of  paying  off  and  retiring  any  bonds  of  said  city  now  out- 
standing as  the  same  mature. 

Sec.  237.  Whereas  many  of  the  outstanding  bonds  of  said  city 
which  mature,  some  in  1890,  1891,  1892,  1893,  1894,  1895,  1896,  1897, 
1902,  1904,  1911  and  1914,  bear  interest  respectively,  some  at  six  (6) 
per  cent,  per  annum,  some  at  seven  (7)  per  cent,  per  annum,  and 
some  at  eight  (8)  per  cent,  per  annum,  therefore,  the  Mayor  and 
General  Council  of  said  City  of  Atlanta  are  hereby  authorized  and  em- 


May  refund 
all  maturing 


Refunded    in 
bonds  bearing 
lower  interest. 


Acts  of  Incorporation.  79 


powered  to  issue  new  coupon  bonds  of  said  eit}'  to  run  for  such 
lengtli  of  time,  to  be  of  such  denominations,  and  to  bear  such 
rate  of  interest  not  to  exceed  four  and  a  half  (41/^)  per  centum  per 
annum  as  said  Mayor  and  General  Council  may  direct.  The  bonds 
hereby  authorized  may  be  issued  from  time  to  time  as  outstanding 
unmatured  bonds  of  said  city,  bearing  a  higher  rate  of  interest,  can  be 
obtained  by  purchase  or  exchange  for  said  new  issue  of  bonds,  on  terms 
satisfactory  to  said  Mayor  and  General  Council.  The  bonds  author- 
ized to  be  issued  under  this  section  shall  be  issued  only  as  outstanding 
bonds  of  said  city  as  above,  of  the  same  amount  of  principal,  are 
retired  by  purchase  with  the  proceeds  of  said  new  bonds,  or  by  ex- 
change for  new  bonds  as  aforesaid,  and  said  new  bonds,  or  the  pro- 
ceeds thereof,  shall  be  used  for  the  retiring,  as  aforesaid,  of  bonds  of 
said  city  bearing  a  higher  rate  of  interest  than  the  new  bonds  author- 
ized by  this  section ;  and  in  no  event  shall  the  amount  of  bonds  issued 
for  this  purpose  at  any  time  exceed  the  amount  of  outstanding  higher 
interest  rate  bonds  retired  by  purchase  with  the  proceeds  or  by  ex- 
change for  such  new  bonds.  N"o  bonds  issued  by  the  Mayor  and  Gen-  Redemption 
eral  Council  of  the  City  of  Atlanta,  to  meet  maturing  and  outstanding  ^°^'^^- 
bonds,  shall  bear  a  higher  rate  of  interest  than  such  maturing  bonds.  tsS.^^^'  ^' 
Xo  more  bonds  shall  be  issued  for  any  other  purposes.' 

Section  238.  The  Mayor  and  General  Council  of  said  City  of  At- 
lanta are  hereby  authorized  and  empowered  to  provide  for  and  regu-  issue  bonds, 
late  the  registration  of  bonds  of  said  city  with  the  Treasurer  of  said 
city,  in  as  full  and  ample  manner  as  is  provided  by  the  laws  of  this 
State  for  the  registration  of  bonds  of  this  State.  Said  Mayor  and 
General  Council  shall  have  the  power  to  prescribe  the  manner  in 
which  bonds  of  said  city  which  have  been  registered  may  be  transferred 
or  negotiated. 

Sec.  239.     Said  Mayor  and  General  Council  may  provide  for  the  is-  ^   ^    ^    ,„„„ 

■^  .  .  Sept.    4,    1889. 

suing  of  registered  bonds  of  said  city,  in  lieu  of  any  bonds  authorized 
to  be  issued  in  pursuance  of  this  Act,  and  in  lieu  of  any  coupon  bonds 
of  said  city  heretofore,  or  that  may  be  hereafter,  issued  by  said  city. 
Said  registered  bonds  shall  be  similar  in  all  respects  to  the  bonds  au- 
thorized to  be  issued  by  said  city  under  the  Acts  respectively  author- 
izing the  issue  of  the  same,  except^  that  registered  bonds  under  this 
section  of  this  Act  shall  not  be  coupon  bonds,  and  the  principal  and 
the  interest  shall  be  payable  only  at  the  treasury  of  said  city.  Said 
bonds  registered  under  and  by  virtue  of  this  section  shall  be  transfer- 
able on  the  books  of  the  Treasurer  of  said  city,  in  the  manner  in  sub- 
stance provided  for  the  transfer  of  the  bonds  of  the  State  of  Georgia, 
authorized  to  be  registered  by  the  third  section  of  an  Act  approved 
September  oth,  1887,  and  which  Act  provided  for  the  issue,  registra- 
tion, etc.,  of  the  bonds  of  the  State  of  Georgia. 


Later  issue   of  bonds    authorized   by  subse  juent   Acts. 


80 


Part  I. — Charter. 


Sec.  240.     Any  g-uardian  or  trustee,  in  his  discretion,  may  invest 

Guardians,  etc.  ^^J  funds  of  his  Ward  or  cestui  que  trust  in  his  hands  in  bonds  of  said 

City  of  Atlanta,  in  the  same  manner  and  to  the  same  extent,  as  such 

funds  may  be  invested  in  stocks,  bonds  and  other  securities  of  the  State 

of  Georgia. 

Sec.  240  (a).  That  the  Charter  of  said  City  of  Atlanta  be,  and 
the  same  is  hereby,  further  amended  so  as  to  authorize  the  Mayor  and 
General  Council  of  said  city,  in  their  discretion,  to  create  a  sinking 
fund  from  the  taxes  and  other  incomes  of  said  city,  to  provide  a  fund 
for  the  purchase,  or  acquiring  of  a  site  by  condemnation  proceedings, 
for  a  City  Hall  building,  and  for  the  erection  of  a  City  Hall  building. 
The  amount  to  be  paid  into  such  fund  each  year  shall  be  such  as  may 


may  buy 
Sept.    4, 


Sinking  fund 
for  City  Hall 
Act  Dec.   23, 


Note  :     A  tabular  statement  of  the  bonded  debt  of  the  City  of  Atlanta 
is  inserted  here  for  the  sake  of  convenience: 


AUTHORIZED. 

AMOUNT. 

PURPOSE. 

INT. 

TIME. 

September  23,  1870 
August  25,  1871.... 
March  19,  1872.... 
March  19,  1872 

,$427,000.00 

100,000.00 

300,000.00 

18,000.00 

68,500.00 

55,500.00 

52,000.00 

159,500.00 

25,000.00 

124.000.00 

50,000.00 

36,000.00 

246,000.00 

149,000.00 

35,000.00 

140,000.00 

500,000.00 

46.000  00 

46,000.00 

74.000.00 

275,000.00 

Water  .    

7 
8 
8 

I 

6 

5 

^ 

5 
4 
4 

4i 

30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
19  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 
30  years 

Floating  debt 

*Ga.  Western  R.  R 

February  7,  1881.. 
October  15,  1883... 

New  Capi  tol 

July  8,  1885 

February  1,  1886.. 
November  5,  1888. . 
October  8,    1889. .. 

Redemption 

Redemption 

Redemption  . 

February  25,  1890. . 
*November  3,  1890 

West  End  Light  &  Water  . . 

December  19,  1890. 

Water 

December  7,  1891. . 

Redemption  

December  7,  1891.. 
December   16,  1891 

Redemption   

Redemption  

4 

4i 
4i 

December  21    1891 

Water 

November  10    1894 

Redemption   .    . . 

4 

4 

4 
4 

November  10,  1894 

November   16,  1896 

**October   17,  1898 

Total 

$2,927,500.00 

*As  to  all  redemption  bonds  since  1889.  the  reference  is  to  the  date  of  the  ordinance.  The 
legislative  authority  is  the  Act  of  November  i;!th,1889. 

**This  issue  of  bonds  retired  .$300,000  of  bonds  issued  in  1869  originally  authorized  by  an 
Act  of  December  20th,  1860,  as  follows : 

"Act  to  amend  the  several  Acts  incorporating  the  City  of  Dalton,  and  amendatory  of  and 
in  addition  to  the  several  Acts  incorporating  the  City  of  Atlanta,  and  to  extend  the  cor- 
porate limits  of  the  Town  of  Camming,  in  tlie  County  of  Forsyth. 

"24.  Sec.  V.  Be  it  further  enacted  by  the  authority  aforesaid.  That  said  Mayor  and 
Council  shall  have  full  power  and  authority  to  malce  such  subscription  or  subscriptions 
in  behalf  of  said  city,  for  such  stock  in  any  railroad  or  other  company,  as  may  be  deemed 
necessary  and  proper  for  promoting  the  growth  and  prosperity  of  said  city,  or  to  confirm 
or  ratify  any  subscription  which  may  have  been  heretofore  made  by  said  Mayor  and  Coun- 
cil, and  also  to  issue  bonds  upon  the  faith  and  credit  of  said  city,  to  secure  said  subscrip- 
tions, and  to  levy  such  tax  upon  the  real  estate  and  stock  in  trade  in  said  city  as  may  be 
necessary  for  tho  payment  and  redemption  of  the  same;  proridcd,  said  tax  shall  not  ex- 
ceed one  per  cent,  per  annum  on  the  value  of  said  property." 

Assented  to  December  20th,  1860. 


Acts  of  Incorporation. 


81 


be  prescribed  by  the  Mayor  and  General  Council  by  ordinance,  and  to 
also  authorize  the  Mayor  and  General  Council  of  Atlanta,  in  their  dis- 
cretion, to  purchase  a  site  and  building,  or  a  site  only,  for  a  City  Hall, 
and  to  pay  for  the  same  in  five  or  more  annual  installments. 

Sec.  240  (&).  That  the  Charter  of  the  City  of  Atlanta,  and  the  va- 
rious Acts  amendatory  thereof,  be,  and  the  same  are  hereby,  further 
amended  so  as  to  authorize  the  Mayor  and  General  Council  of  the  City 
of  Atlanta,  in  their  discretion,  to  purchase  the  property  known  as 
Piedmont  Park  for  park  purposes  at  a  price  not  exceeding  one  hundred 
and  sixty  thousand  ($160,000)  dollars,  and  to  pay  for  the  same  in 
such  annual  installments,  and  through  such  a  number  of  years  as  may 
be  deemed  best  by  said  Mayor  and  General  Council. 


CHAPTER  XVIII. 


CITY    COMPTROLLER  : 


OFFICE    OF    CREATED;     MODIFICATION    AS    TO    FI- 
NANCIAL AND  TAX  SYSTEM. 


Section. 

241.  Election  of  Comptroller — estimates  and 

apportionment    of   income  —  how    and 

when  made. 


Section. 

242.  Duty  as  to  warrants,  change  of  system 
in  tax  department — Tax  Collector  sepa- 
rate officer — duties  of  officers — assess- 
ments and  returns  for  tax,  when  made- 
estimate  of  income,  etc. — penalty  for 
failiu-e  to  return  for  tax — power  to  re- 
lieve against. 

243.  Penalty  in  case  of  failure  to  make  tax 
returns  by  time   prescribed. 


Section  2-il.     The  office  of  City  Comptroller  of  said  city  is  hereby  Elected  by 
created-     The  City  Comptroller  shall  be  elected  by  the  people  at  the  p^°p'^- 
same  time  as  the  City  Clerk.     The  City  Comptroller,  now  serving  un-  ^^^  °^  ^^®^' 
der  appointment  and  confirmation,  as  by  ordinance  of  said  city  pro-  b:fAct"f  im 
vided,  shall  serve  until  the  first  regular  meeting  of  the  General  Council 
in  April,  1891,  and  until  his  successor  is  appointed,  confirmed  and 
qualified,  unless  sooner  removed  by  the  Mayor  for  cause.     All  subse- 
quent elections,  except  to  fill  vacancies,  shall  be  for  a  term  of  two  years, 
with  the  same  right  of  removal  by  the  Mayor  and  General  Council  for 
cause.     The  City  Comptroller  shall  receive  for  the  term  he  is  now  serv-  salary,  when 
ing,  the  salary  heretofore  prescribed  by  ordinance,  and  for  succeeding  ^'''''^' 
terms  the  salary  that  may  be  prescribed  by  the  Mayor  and  General 
Council  for  the  year  preceding  his  appointment,  which  shall  not  be 
changed  during  his  term  of  office.     He  shall  give  bond  in  such  sum  as 
may  be  prescribed  by  ordiuaee,  with  security,  subject  to  approval  by 
the  Mayor,  conditioned  for  the  faithful  performance  of  his  duties. 
The  duties  of  said  City  Comptroller  shall  be  such  as  are  now,  or  from  Duties  pre- 
time  to  time  may  be  prescribed  by  ordinance  of  said  city.     Said  City  ordinances 
of  Atlanta  shall  have  power  to  devolve  upon  the  City  Comptroller  any 


82 


Part  I. — Charter. 


Keeps  city  ac- 
counts with 
all   depart- 
ments. 


Heads  of  ap- 
propriations. 


May  require 
evidence  of 
justice 
claims. 


of 


duty  or  authority  now  and  heretofore  devolving  upon  any  other  of- 
ficer of  said  city  by  charter  or  hiw,  whenever  the  Mayor  and  General 
Council  may  deem  it  necessary  or  proper.  To  enable  the  City  Comp- 
troller to  keep  a  general  set  of  books  for  said  city,  and  to  keep  regular 
and  correct  accounts,  showing  the  financial  transactions  of  said  city, 
separately  and  under  proper  heads,  with  all  persons  and  city  officers 
who  may  have  money  transactions  with  said  city,  and  to  enable  a 
complete  system  of  checks  and  balances  to  be  provided  for  said  city, 
said  city  may  by  ordinance  provide  for  the  apportionment  of  the  rev- 
enue or  income  of  the  city  each  year,  to  such  departments  or  heads, 
and  to  such  number  of  departments  or  heads  as  may  be  deemed 
requisite,  instead  of  to  departments  or  heads  heretofore  provided  by 
charter  of  said  city  in  Section  35  thereof  and  elsewhere  therein;  and 
said  city  may  by  ordinance  change  the  name,  number  and  order  of  de- 
partments or  heads  for  appropriations  heretofore  provided;  but  all 
the  other  financial  provisions  of  the  charter  and  amendments  thereto 
of  said  city  are  continued  of  force,  except  as  changed  by  this  Act. 

Sec.  242.  Whenever  a  warrant  or  claim  shall  be  presented  to  the 
City  Comptroller  he  shall  have  power  to  require  evidence  that  the 
amount  claimed  is  Justly  due,  and  for  that  purpose  may  summon  be- 
fore him  any  officer,  agent  or  employe  of  any  department  of  said  city, 
or  any  other  person,  and  examine  him  upon  oath  or  affirmation,  rela- 
tive to  such  warrant  or  claim,  and  may  require  the  production  of 
books  and  papers  to  be  used  as  evidence  before  him. 

The  office  of  Tax  Eeceiver  and  Collector  of  said  city  is  hore1)y 
changed  to  that  of  Tax  Collector,  and  the  offices  of  Assistant  Tax  Re- 
ceivers and  Assessors  are  hereby  changed  to  Tax  Assessors  and  Ee- 
ceivers.  The  Tax  Assessors  and  Receivers  shall  assess  real  and  per- 
sonal property,  and  receive  returns  for  taxes,  and  perform  such  other 
duties  as  prescribed  by  ordinance. 

The  office  of  Tax  Collector  of  said  city  shall  be  separate  and  distinct 
from  that  of  Tax  Assessors  and  Receivers.  The  Tax  Collector  shall 
collect  the  tax  of  said  city  under  such  rules  and  regulations  as  may  be 
prescribed  by  ordinance,  and  shall  perform  such  other  duties,  in  con- 
nection therewith  or  incident  thereto,  as  may  be  prescribed  by  ordi- 
nance, not  in  conflict  with  this  Act  and  the  charter  of  said  city.  To 
carry  out  the  purposes  of  this  Act,  said  city  may  by  ordinance,  require 
of  any  officer  of  said  city,  the  performance  of  any  duty  deemed  neces- 
sary or  proper  thereto. 

Sec.  243.  In  all  cases  of  failure  to  return  property,  real,  personal 
or  otherwise,  for  taxation  by  the  15th  of  March  of  each  year,  a  ]>en- 
alty  of  ten  per  cent,  shall  be  added  to  the  value  of  the  proixTty  of  siu-h 
defaulting  owners,  for  taxation,  ascertained  by  the  return  ol'  the  pro- 
vious  year  or  oherwise;  and  by  failure  to  return  by  tlie  15th  day  of 


Section  35,    Act  of  1874. 


Acts  of  Incorporation. 


83 


Marcli  of  each  year,  for  street,  railway  or  other  capitation-tax,  the  pen- 
alty shall  be  double  tax.  But  the  Mayor  and  General  Council  shall 
have  power  to  relieve  against  the  penalty  for  failure  to  return  within 
the  time  provided,  where  the  failure  and  omission  are  due  to  unavoid- 
able or  sufficient  cause.  Notice  of  the  time  of  closing  the  books  for  re- 
ceiving returns  shall  be  published  in  any  one  or  more  of  the  daily  pa- 
pers of  said  city,  for  at  least  four  insertions,  between  the  1st  and  15th 
of  March  of  each  year,  and  oftener  if  deemed  necessary  by  the  Mayor 
and  General  Council.' 


CHAPTER  XIX. 


PURCHASE   OF   LOT   FOR   U.    S.    BUILDING   RATIFIED: 
MORTGAGE  ON  OLD  CAPITOL. 


ALSO    PURCHASE   OF 


Section. 

244.  Purchase  of  mortgage  of  N.  W.  M.  Ins. 
Co.  on  old  Capitol  on  Marietta  street 
ratified. 

245.  Purchase  of  lot  for  U.  S.  Building  rati- 
fied. 


Section. 

246.  Authority    given    to    make    the    deed 
conveyance. 

247.  Sanitary    assessments. 

248.  May  expend  entire  receipts. 

249.  May  rent  a  house  for  market. 


PURCHASE  OF  MORTGAGE  ON  OLD  CAPITOL  AT  ATLANTA  RATIFIED,   AND 
OTHEH  RATIFYING  ACTS. 

Section  244.     The  action  of  the  Mayor  and  Council  of  the  City  of 
Atlanta,  in  purchasing  and  taking  a  transfer  to  itself,  of  a  mortgage  ^^^^^  ^^^  ^^ 
given  by  E.  X.  Kimball  to  the  Xorthwestern  Mutual  Insurance  Com-  !Lpul'-hise  *^°- 
pany  of  Milwaukee,  \yisconsin,  for  $60,000    (with  accrued  interest,  '^^^^'"^■ 
commissions  and  costs),  upon  the  lot  and  building  at  present  occu-^^''^- 
pied  as  a  State  Capitol,  in  the  City  of  Atlanta,  be,  and  the  same  is 
hereby  ratified  and  confirmed,  and  declared  of  valid  legal  force  and 
effect. 

Sec.  245.     The  action  of  the  City  of  Atlanta,  through  its  Mayor 
and  Council  for  the  year  1874,  in  purchasing  a  lot  on  Marietta  street,  ji^tmed  pur- 
in  said  city,  for  the  sum  of  $50,000,  for  the  purpose  of  conveying  the  f^pubiii°u. 
same  to  the  United  States  of  America  free  of  cost,  for  the  erection  of  ^-  ^""'ii°g«- 
public  buildings,  be,  and  the  same  is  hereby  ratified  and  confirmed,  ^^^^• 
and  declared  of  valid  force  and  legal  effect. 

Sec.   246-     The  City  of  Atlanta  is  hereby  authorized  to  make  a  Authorizes 
deed  of  conveyance  to  the  United  States  of  America,  for  the  purpose  ttltl''  ""'-^'^ 
indicated. 

APPROPRIATION  TO  SANITARY  DEPARTMENT  TO   BE   MADE. 


Sec.  24:.     The  JMayor  and  General  Council  of  said  city,  at  the  time  ga^itarv  as- 
the  annual  appropriations  are  made  in  May  of  each  year,  shall  set  cessment, 
apart  and  appropriate  such  amount  as  the  probable  in  come  of  the  city  ^p*-  ^'  ^^^• 

1   Time   of  closing   books   for  tax   returns   changed   by  Act  of  1896  to   March   15. 


84 


Part  I. — Charter. 


will  authorize  for  sanitary  purposes,  the  same  to  be  expended  by  the 
Board  of  Health  of  said  city  for  such  purposes. 

Sec.  248.  Said  Mayor  and  General  Council  are  hereby  authorized 
to  expend  and  use  any  excess  in  the  receipts  of  the  city  for  any  year 
over  the  amount  appropriated  for  such  year :  Provided,  that  such  ex- 
penditure shall  in  no  case  exceed  the  actual  cash  receipts  for  such  year. 

Sec.  249.  The  Mayor  and  General  Council  are  hereby  authorized  to 
rent  or  lease  from  any  party  who  may  build  a  suitable  market-house  or 
houses  in  the  City  of  Atlanta,  for  a  term  not  exceeding  fifteen  years, 
at  a  rate  of  rental  not  to  exceed  eight  per  cent,  on  the  investment,  and 
are  hereby  authorized  to  make  such  ordinances  as  are  necessary  and 
proper  to  protect  the  city  in  said  lease;  and,  provided,  further,  that 
said  City  of  Atlanta  be  and  is  hereby  authorized  to  purchase  said 
market  or  markets  at  any  time  during  said  fifteen  years  at  original  cost 
of  said  market  property. 


May   expend 
entire  re- 
ceipts. 


Sept.    18.    1883 
Rent     limited. 


CHAPTER  XX. 

TAXATIOX,    AXD    TAX    OFFICERS;    OPEXING    AXD    CLOSING    TAX    BOOKS: 
BUSINESS  AXD  SANITARY  TAX ;  DISCOUNTS  ;  INTER- 
EST ON  EXECUTIONS. 


Section. 

250.  Authority  to   levy  business  tax. 

251.  May   collect  property     taxes     in     instal- 
ments. 

252.  May   provide   by    ordinance    discount   for 
early   payments. 


Section. 

253.  Delayed   instalments  bear   interest. 

254.  Street    taxes    payable,    when. 

255.  Sanitary   tax. 


BUSINESS  TAX — OPENING  AND  CLOSING  TAX  BOOKS 


Title. 
1889. 


Taxes,  when , 
and  how  col- 
lected. 


Sec.  250.  The  Mayor  and  General  Council  of  said  city  are  author- 
ized to  levy  and  collect  a  business  tax,  as  therein  provided ;  to  make  a 
just  and  proper  classification  of  business  for  taxation;  fixing  the 
time  for  opening  and  closing  the  tax  books  of  said  city,  and  for  other 
purposes  therein  mentioned- 

Sec.  251.  The  taxes  due  the  City  of  Atlanta  on  the  real  estate  and 
personal  property  of  all  kinds  taxable  under  the  laws  of  Georgia,  and 
the  charter  of  said  city  shall  be  due  and  payable  in  three  installments. 
The  first  installment  of  twenty-five  per  centum  falling  due  on  the  15th 
day  of  April,  1897 ;  the  second  installment  of  twenty-five  per  centum 
on  the  first  day  of  July  in  that  year ;  the  third  instalment  of  fifty  per 
centum  on  the  loth  day  of  October  in  that  year,  and  the  installments 
of  taxes  as  aforesaid  shall  be  due  and  payable  on  the  same  dates  in  each 
succeeding  year;  and  executions  shall  issue  for  all  taxes  unpaid  on  the 
the  fifteenth  day  of  October  in  each  year  bearing  date  the  first  business 
day  thereafter,  and  be  enforced  by  levy  and  collection  as  heretofore 
prescribed. 


Acts  of  Incorporation.  85 


Sec.  252.  The  Mayor  and  General  Council  of  the  city  of  Atlanta 
may,  l)y  ordinance  or  resolution,  provide  for  allowing  a  discount  of  ^j^^-J^^lj  "'^J' 
one-half  of  one  per  cent,  on  all  taxes  paid  in  full  for  the  year  at  the 
time  the  first  instalment  of  the  year's  taxes  is  due  and  payable,  and 
may  also  in  the  same  manner  provide  for  allowing  a  discount  of  one- 
fourth  of  one  per  cent,  on  all  taxes  paid  in  full  for  the  year  at  the 
time  the  second  installment  is  due  and  payable. 

Sec.  253.     Such  unpaid  instalments  of  taxes  shall  also  bear  interest  interest  on  un- 
at  the  rate  of  seven  per  centum  per  annum  from  the  date  that  each  of  J^fents!"^*^'' 
said  instalments  is  due  and  payable  under  the  provisions  of  this  Act. 

Sec.  254.  The  commutation  tax  in  lieu  of  road  or  street  duty  pro- 
vided for  in  said  Charter  shall  fall  due  with  the  second  instalment  of  ^''■'''  *^'''- 
property-taxes  in  each  year,  and  that  in  case  of  failure  to  pay  such  com- 
mutation-tax, execution  may  issue  and  be  enforced  as  from  the  16th 
day  of  June  in  each  year,  and  parties  who  have  not  paid  said  commuta- 
tion-tax, and  who  are  liable  to  road  duty  may  be  compelled  to  work 
the  streets  in  the  manner  provided  for  by  the  charter  and  ordi- 
nances of  the  City  of  Atlanta  at  any  time  after  the  first  day  of  July 
in  each  year. 

Sec.  255.     The  Mayor  and  General  Council  of  said  city  are  hereby 
authorized  to  make  an  assessment  of  the  various  lots  of  land  and  lot  t'axes!''^ 
owners  in  said  city  for  sanitary  purposes,  not  to  exceed  three  dollars  Act  Dec.  lo, 
per  annum  on  each  lot  assessed,  and  said  Mayor  and  General  Council 
are  hereby  authorized  and  empowered  to  collect  the  same  by  execution 
against  the  lot  so  assessed  and  the  owner  thereof;  the  amount  so  as- 
sessed shall  be  a  lien  on  the  lot  from  the  date  of  assessment.     The  exe- 
cutions shall  be  issued  and  enforced  in  the  same  manner  that  tax  exe- 
cutions are  issued  and  enforced  in  said  city.     The  amount  so  collected 
shall  be  used  for  sanitary  purposes  only.     Said  Mayor  and  General 
Council  shall  have  power  and  authority  to  prescribe  what  shall  consti-  what  con- 
fute a  lot  for  sanitary  purposes  and  assessment,  provided  no  lot  shall  for  "sanitary" 
be  less  than  twenty-five  feet  front :     Provided,  that  this  assessment  ment^^^^*^' 
provided  in  this  Section  shall  not  be  made  on  vacant  lots,  and  resident 
lots  shall  not  be  subdivided  for  assessment  except  where  the  resident 
lots  have  two  or  more  houses  used  or  intended  for  use  as  separate  tene- 
ments built  upon  them,  in  which  case  a  sanitary  assessment  may  be 
levied  against  the  lot  for  each  house  situated  thereon. 


Part  1 1. -General  Laws. 


( 


PART  II. 

General  Laws  of  the  State  Havixq 
Special  Reeerence  to  Cities. 


CHAPTER  XXI. 


Section. 

256.  May   hold   property   and    money    in    trust 

for  care,   etc.,   of  cemetery  lots. 
257-260.  Railroads  subject  to  city  taxes. 
261-262.  Collection   of    taxes   and    assessments. 

263.  Interest  on  executions,  when. 

264.  Amending   law   as   to    interest   on   execu- 
tions. 

263-208.  Manner    of    tax    sales     by     municipal 

corporations. 
269-270.  May  permit  closing  of  alleys. 
271-300.  Condemnation  of  private  property. 
301-307.  Providing-   for  fire  escapes   or      means 

of  egress. 
308-312.  Nuisances. 

313.  Concerning  Councilmen   and   Aldermen. 
314-315.  Concerning  Treasurers. 

316.  Concerning  mayors. 

317.  Minutes  admitted  in  evidence. 

318-320.  Confederate    and   other   soldiers'     free 
license. 


Prohibiting  dumping   of  carcasses   in  streams, 

page  101. 
Forbidding  white  and  colored   convicts  being 

confined  or  chained  together,  page  102. 
Regulating  appointment  of  peace  officers   and 

detectives,  page  102. 
Protecting  primary  elections,  page  102. 
Whipping   bosses   for   county     and     municipal 

chaingangs,  page  104. 
Power     of     Mayor     in     cases     of     emergency, 

page  105. 
Forfeiture   if  license   for  violation     of     liquor 

laws,  page  105. 
General     law     for     incorporating     street     and 

suburban  railroads,    page   106. 
Authorizing    street    railroads    to    sell    to    and 

contract   with    each   other,    page   107. 
Renewal   or   repairing   pavements   in   cities   of 

over  20,000  population,  page  107. 
Conferring  police  powers  on  conductors,   etc., 

of  street   railroads,    page   107. 


:\rAY  BE  TRUSTEE  FOR  CEMETERY  LOTS. 

Section  256.     From  and  after  the  passage  of  this  Act,  any  person 
or  persons  may  convey  to  the  Mayor  and  City  Council  of  any  town  or  ^^j^yg^v'^'i^"^'^ 
city  in  this  State,  any  money  or  property  to  be  held  by  such  Mayor  and  t™st  ^oV^ceme- 
Council  in  trust,  the  corpus  or  increase  thereof  to  be  expended  as  di-  ^^^  ^^^    ^2 
rected  by  such  conveyance,  in  the  improvement  or  preservation  and  i889. 
care  of  such  Cemetery,  or  of  the  burial  lots  of  such  owner  therein,  and 
such  Mayor  and  Council  shall  receive  and  hold  such  property  and  exe- 
cute such  trusts,  according  to  the  terms  thereof,  as  other  trusts  are  exe- 
cuted under  the  laws  of  this  State,  and  shall  by  its  Clerk  make  annual 
returns  to  the  Ordinary,  and  shall  be  entitled  to  such  commissions  as 
are  paid  to  other  trustees,  but  shall  not  be  required  to  give  bond. 


AN  ACT  TO  MAKE  RAILROAD  COMPANIES  SUBJECT  TO  MUNICIPAL 
TAXATION. 

Section  257.     All  the  property,  both  real  and  personal,  belonging 
to  railroad  companies  in  this  State,  which  is  within  the  taxable  limits  Act  Dec.  24, 
of  any  municipal  corporation,  shall  be  and  the  same  is  hereby  made 
subject  to  taxation  by  the  said  municipality  as  fully  and  as  completely 


90  Part  II. — C4enekal  Laws 

as  is  the  property  of  other  corporations  within  the  said  taxable  limits. 
And  it  is  hereby  made  the  duty  of  the  municipal  authorities  to  cause 
the  said  property  within  the  said  taxable  limits  belonging  to  a  railroad 
company,  to  pay  its  proper  and  just  pro  rata  of  the  said  municipal  tax- 
ation. 

Sec.  258.  In  addition  to  the  facts  required  to  be  shown  by  the  Act 
of  the  General  Assembly,  approved  October  16,  1889,  entitled  "An  Act 
to  provide  a  system  of  taxation  of  railroad  property  in  each  of  the 
counties  of  this  State,  through  which  said  railroad  runs,  and  to  provide 
a  mode  of  assessing  and  collecting  the  same,  and  for  other  purposes, 
every  railroad  company  in  this  State  shall  at  the  time  of  making  the 
return  provided  for  in  said  Act,  also  show  the  value  of  the  company's 
property  in  each  incorporate  city  or  town  through  which  it  runs. 

Sec.  259.     The  rolling  stock  and  other  personal  property  of  said 
railroad  companies  shall  be  distributed  to  said  municipalities,  in  the 
same  basis  that  rolling  stock  and  other  personal  property  are  dis- 
^^^-  tributed  to  the  counties  under  the  provisions  of  said  Act  of  October  16, 

1889 ;  that  is,  as  the  value  of  the  whole  property,  real  and  personal,  of 
the  said  company  is  to  the  value  of  the  property  located  in  the  particu- 
lar municipality,  such  shall  be  the  amount  of  rolling  stock  and  other 
personal  property  to  be  distributed  for  taxing  purposes  to  each  munici- 
pality. 

Sec.  260.  All  other  provisions  of  said  Act  approved  October  16th, 
1889,  be  and  the  same  are  hereby  made  applicable  to  the  assessment 
and  collection  of  taxes  of  railroads  by  municipalities  upon  the  property 
of  such  railroads  located  in  such  municipalities,  and  upon  the  rolling 
stock  and  other  personal  property  distributed  under  Section  3  (three) 
of  this  Act. 

collection  of  taxes  and  assessments. 


May   issue   exe 
cutions. 


Section  261.  Any  municipal  corporation  in  this  State  shall  have 
full  power  and  authority  to  enforce  the  collection  of  any  amount  due 
Act  Oct.  19,  or  to  become  due  to  it  for  paving  streets  or  lanes,  or  for  laying  sewers 
^^^^'  and  drains,  or  for  cleaning,  repairing  privy  vaults  in  such  city  by  exe- 

whom!^  cution  to  be  issued  by  the  Treasurer  against  the  person  or  persons  or 

corporation  or  corporations  by  whom  any  such  debts  may  be  due  or 
may  become  due,  which  executions  may  be  levied  by  the  Mar- 
shal of  such  city  on  the  real  estate  of  the  owners  against 
Advert'isfr-^"^^'  whom  such  exccutious  shall  issue,  and  after  advertisement 
and  other  proceedings,  as  in  cases  of  sales  for  city  taxes,  the  same 
may  be  sold  at  public  outcry  in  manner  pointed  out  in  Act  of  the  Gen- 
eral Assembly,  approved  February  27,  1877,  entitled  "An  Act  to  pro- 
vide for  the  manner  of  tax  sales  by  municipal  corporations  in  this 
State,  and  for  other  purposes,"  and  all  sales  made  by  such  city  under 
execution  shall  be  made  subject  to  the  regulations  of  the  said  Act  as  to 
purchase  by  said  corporation  and  redemption  by  owner  after  sale. 


ment  and  sale 


Affecting  Cities  ix  Geohgia.  91 

Sec.  262.     The  Marshal  or  collecting  officer  of  said  city,  as  the  case  Exficutions 
may  he,  shall  be  authorized  to  transfer  and  assign  any  fi.  fa.  or  fi.  fas.  ^^^^^^'^  '^'""^' 
is>;ucd  for  street,  sewer  or  other  assessments,  in  the  same  manner  upon  ^gg, 
th(>  same  terms,  and  to  the  same  effect,  and  vesting  the  purchaser  or 
transferee  with  the  same  rights  as  in  cases  of  sales  or  transfer  of  tax  frlfn^^fprol 
fi.  fas.  as  now  allowed  by  law,  and  that  at  all  sales  of  property  hereafter 
made,  under  execution  made  in  behalf  of  the  city  for  the  collection  of 
street,  sewer  and  other  assessments,  the  owner  or  owners,  as  the  case 
may  be,  shall  be  authorized  to  redeem  the  same  within  the  same  time,  pro^'p^fy.'""  °^ 
on  compliance  with  the  same  terms,  and  payment  of  same  premiums, 
interest  and  cost  as  in  cases  of  redemption  of  property  where  sold  un- 
der tax  //.  fa.  or  fi.  fas.  as  now  is,  or  from  time  to  time,  may  be  provided 
hy  law. 

INTEREST    ON    EXECUTIONS,    WHEN. 

Section  263.     All  executions  issued  for  taxes  due  the  State  or  any 
county  thereof,  or  any  municipal  corporation  therein,  whether  issued  J^ns'^bear  in- 
on  assessments  for  permanent  improvements  of  streets  or  sewers  of  *^'"^*^' 
said  municipal  corporations,  or  otherwise,  shall  bear  interest  at  the  fgsg.^"^''  ^^' 
rate  of  seven  (7)  per  cent,  per  annum,  from  the  time  fixed  by  law  for 
issuing  the  same :     Provided,  that  this  Act  shall  not  apply  to  taxes  or 
tax  fi.  fas.  issued  by  any  municipal  corporation  imposing  penalties  for 
failure  to  pay  taxes. 

amending  law  as  to  interest  on  executions. 

Section  264.     The  Act  approved  November  11,  1889,  providing 
that  "all  executions  issued  for  taxes  due  the  State  or  any  county  there- ,  ^     ^ 

•'  •'  Interest   on 

of.  or  anv  municipal  corporation  therein,  whether  issued  on  assessments  «?5'="^'<i"!,„'" 

•  f  L  '  cities  of   60,000 

for  permanent  improvements  of  streets  or  sewers  of  said  municipal  cor-  ^Xn^'^o^de?"]^ 

porations,  or  otherwise,  shall  bear  interest  at  the  rate  of  seven  ( 7 )  per  \l^^^^7  *"" 

cent,  per  annum,  from  the  time  fixed  by  law  for  issuing  the  same ;  ^^^  ^^^   .,^ 

Provided,  that  this  Act  shall  not  apply  to  taxes  or  tax  fi.  fas.  issued  by  '^^^• 

any  municipal  corporation  imposing  penalties  for  failure  to  pay  taxes," 

be  and  the  same  is  hereby  amended,  so  as  to  hereby  provide,  that  said 

Act  shall  not  apply  to  any  municipal  corporation  on  any  fi.  fas.  due  to 

it  for  taxes  or  assessments,  having  at  the  date  of  the  approval  of  said 

Act.  a  population  of  sixty  thousand  or  more,  unless  the  Mayor  and 

General  Council,  Mayor  and  Council,  or  other  governing  authority  of 

any  such  municipal  corporation,  shall  by  order,  resolution  or  ordinance 

provide  for  the  charge  and  collections  of  such  interest  on  such  fi.  fas. 

MANNEI!  OF  TAX  SALES  BY   MUNICIPAL  CORPORATIONS. 

Section  265.     The  time,  place  and  manner  of  the  sale  of  property 
both  real  and  personal,  for  taxes  due  to  municipal  corporations  in  this  Municipal  tax 
State,  shall  be  the  same  as  that  provided  by  law  for  Sheriffs'  sales  for        ^  ^    ,_ 
State  and  county  taxes.  Whenever  any  land  is  so  sold,  the  owner  there-  is^". 


92 


Part  II. — Gexekal  Laws 


Corporation 
may  become 
purchasers. 


of  shall  have  the  privilege  of  redeeming  said  land,  thus  sold,  within  one 
year,  by  paying  the  purchaser  the  amount  paid  by  such  purchaser  for 
said  land,  with  ten  per  cent,  premium  thereon,  from  the  date  of  the 
purchase  to  the  time  of  the  payment. 

Sec.  266.  Whenever,  at  any  such  sale  by  a  municipal  corporation 
for  taxes  due  it,  by  its  Marshal  or  duly  authorized  officer,  no  one  pres- 
ent shall  bid  for  the  property  put  up  to  be  sold  as  much  as  the  tax  for 
which  it  is  proposed  to  sell  the  same  and  the  officer's  cost,  if  any  due 
thereon,  after  such  property  shall  have  been  cried  a  reasonable  time, 
then  any  duly  appointed  officer  or  agent  of  the  corporation  may  bid  off 
such  property  for  the  corporation,  and  the  Marshal,  or  other  officer 
making  such  sale,  shall  make  to  the  corporation  a  deed  to  the  property 
so  sold,  and  deliver  the  same  to  the  officer  designated  by  the  corporation 
to  receive  it,  and  the  title  acquired  by  the  corporation  at  such  sale  and 
by  such  deed,  shall  be  perfect,  valid  and  binding  after  the  period  above 
provided  for  redemption  by  the  owner  shall  have  elapsed,  and  there  is 
no  redemption  by  the  owner,  as  if  purchased  by  an  individual 
or  corporation  other  than  such  corporation  so  purchasing;  and  the 
]\Iarslial,  or  other  duly  authorized  officer  making  the  sale,  shall  put  the 
corporation,  through  any  officer  or  person  it  may  designate,  in  the  pos- 
session of  the  property  so  sold. 

Sec.  267.  The  governing  body  of  any  such  municipal  corporation, 
whether  kno^vn  as  Mayor  and  Councilmen,  Mayor  and  Aldermen,  or  by 
any  other  name,  during  whose  term  of  service  any  such  sale  shall  take 
place,  nor  any  subsequently  elected  or  appointed  governing  body,  shall 
be  capable  of  diverting  or  alienating  the  title  of  the  corporation  to  any 
property  so  purchased,  except  by  a  public  sale  of  the  same  to  the  high- 
est bidder. 

Sec.  268.  Municipal  corporations  shall  have  full  power  and  author- 
ity to  pass  appropriate  ordinances  and  by-laws  to  carry  this  Act  into 
effect. 

MAY  permit  CLOSIXG  OF  ALLEYS. 


How  sold  by 
such  corpora- 
tion. 


Ordinance. 
1877. 


May  close 
lanes  and 
alleys. 


Transfer  of  as- 
sessment   exe- 
cutions au- 
thorized. 


Section  269.  The  municipal  authorities  of  any  incorporated  city 
in  this  State  are  hereby  authorized  to  permit  the  enclosure  of  any  lane 
or  alley,  or  portion  of  a  lane  or  alley,  in  such  city,  where  the  owners  of 
the  lots  abutting  on  such  lane  or  alley,  or  portion  of  such  lane  or  alley 
sought  to  be  secluded,  and  the  owners  of  any  other  lots  to  the  enjoy- 
ment of  which  access  through  such  lane  or  alley  is  necessary,  consent : 
Provided,  that  said  municipal  authorities  may  have  the  right  at  any 
time  to  re-open  said  lane  or  alley.' 

Sec.  270.  The  Marshal  or  collecting  officer  of  said  city,  as  the  case 
may  be,  shal  be  authorized  to  transfer  and  assign  any  fi.  fa.  or  fi.  fas. 
isued  for  street,  sewer  or  other  assessments,  in  the  same  manner  upon 
the  same  terms,  and  to  the  same  effect,  and  vesting  the  purchaser  or 


See  Act  December  16,  1878. 


Affecting  Cities  in  Georgia.  93 

transferee  with  the  same  rights  as  in  cases  of  sales  or  transfer  of  tax 
/?".  fas.  as  now  allowed  by  law,  and  that  at  all  sales  of  property  hereafter 
made,  under  execution  made  in  behalf  of  the  city  for  the  collection  of 
street,  sewer  and  other  assessments,  the  owner  or  owners,  as  the  case 
mav  be,  shall  be  authorized  to  redeem  the  same  within  the  same  time,  «'&hts  of 

'  '  transferee. 

on  compliance  with  the  same  terms  and  payment  of  same  premiums, 
interest  and  cost  as  in  cases  of  redemption  of  property  where  sold  un- 
der tax  f,.  fa.  or  fi.  fas.  as  now  is.  or  from  time  to  time,  may  be  pro- 
vided by  law.' 

condemnation  of  private  property. 

Section  271.     Tahiiuj  private  property.     All  corporations  or  per-^g^^ 
sons  authorized  to  take  or  damage'  private  property  for  public  purposes  ^^.^^  ^gg^ 
shall  proceed  as  herein  set  forth.  "•'•''• 

Sec.  272     Payment  or  tender  of  compensation.     If  said  corpora- 
tions or  persons  can  not  by  contract  procure  the  land,  easement,  right  ^''''^' 
of  way,  waterway,  franchise,  or  other  interest  or  property  useful,  need-  ^^^^  ^^^^'  ^'  ^^" 
ful,  and  necessary  for  public  purposes,  and  authorized  by  law  to  be  tak-  fo5|;  3056°'  5729 
en  or  damaged,  then  it  shall  be  lawful  for  said  corporation  or  person  to  ^'^^' 
take  or  damage  said  property,  upon  paying  or  tendering  to  the  owner 
thereof  just  and  adequate  compensation  for  the  land,  franchise,  or 
other  interest  or  property  so  to  be  taken  or  used. 

Sec.  273.  When  parties  can  not  agree  as  to  compensation.  If  the 
parties  can  not  agree  upon  the  compensation  to  be  paid,  the  same  shall 
be  assessed  and  determined  in  the  following  manner :  .  c  s       ,  p.    . 

Sec.  274.  Notice  to  owner.  The  corporation  or  person  seeking  to 
condemn  property  for  public  purposes  shall  serve  a  notice  upon  the 

£  Ix,  2.  :3  l^  £  -J  Acts  1894,p.96. 

owner  01  the  property  and  upon  the  owner  ot  any  remainder,  rever- 
sion, mortgage,  lease,  security-deed,  or  other  interest  therein. 

Sec.  275.  Notice  if  owner  under  disability.  If  the  owner  or  any 
of  the  owners,  shall  be  a  minor  or  under  any  disability  whatever,  such 
notice  shall  be  served  upon  his  or  their  personal  representatives. 

Sec.  276.     //  there  he  no  personal  representative.     If  there  be  no 
personal  representative,  such  notice  shall  be  served  personally  upon  the  4662. 
minor  and  upon  the  ordinary  of  the  county  where  the  property  is  lo- Acts  i894,p.96. 
cated,  who  shall  appoint  a  guardian  ad  litem  to  represent  the  minor  in 
said  litigation. 

Sec.  277.     Guardian  ad  litem  for  minor.     If  such  ordinary,  by  4663. 
reason  of  interest  or  otherwise,  is  disqualified,  such  notice  shall  be  Acts  1894,  p.  96. 
served  upon  the  clerk  of  the  superior  court  of  the  county,  who  shall  ap-  sees.  2538, 
point  a  guardian  ad  litem  to  represent  the  minor.  3286." 

Sec.  278.     Notice  where  trust  property.     If  the  property  sought  to  4664. 
be  condemned  is  trust  property,  or  property  in  which  remainders  have  ^^^^  ^^^'  p-  ^''• 
been  created,  such  notice  shall  be  served  upon  the  trustee,  and  also  3179;  3172! 


See  Act  December  24,  1896.     See  Section  88S,  Code  of  Ga.,   1895. 


94  Part  II. — General  Laws 

upon  such  persons  as  have  an  interest  under  the  conveyance  and  who 
are  of  age. 

Sec.  279.     Service  of  notice  on  non-residents.     If  the  owner  or  any 
^ggg  of  the  owners,  or  persons  in  any  way  interested  in  the  property,  reside 

Acts  1894  p  96  ^^^  ^^  ^^®  state,  notice  shall  be  served  upon  the  person  in  possession, 
and  a  like  notice  shall  be  enclosed  in  an  envelope,  properly  stamped 
and  directed,  and  be  by  the  said  corporation  or  person  delivered  to  the 
ordinary  of  the  county,  who  shall  mail  the  same  to  said  owner  or  own- 
ers at  their  address  if  known,  and  if  the  address  be  not  known,  the  or- 
dinary shall  act  for  such  non-resident  owners  in  the  manner  herein 
provided  for  unrepresented  minors.  An  entry  of  the  facts  and  his 
action  therein  shall  be  entered  on  the  minutes  by  the  ordinary. 

Sec.  280.     Where  owner  unknown,  or  possibility  of  unborn  remain- 
^gg  dermen.     If  the  owner  or  owners  of  such  property,  or  of  any  interest 

Acts  1894  97  therein,  are  unknown,  or  there  is  possibility  of  unborn  remainder-men 
having  an  interest,  notice  shall  be  served  upon  the  person  in  actual 
possession  of  the  property,  and  also  upon  the  ordinary,  who  shall  act 
for  said  unknown  owner  as  provided  for  in  case  of  minors :  Provided, 
hotvever,  that  whenever  the  unknown  owner  may  appear,  he  may  ask 
for  and  have  another  assessment  under  the  terms  of  this  chapter,  and 
he  shall  receive  the  amount  then  assessed ;  and  in  the  event  the  second 
assessment  is  less  than  the  first,  the  ordinary  shall  return  the  over- 
plus to  the  corporation  or  person  originally  condemning. 

Sec.  281.     Hoiv  service  effected.     Unless  service  is  acknowledged 

or  waived,  a  copy  of  such  notice  shall  be  served  by  a  sheriff  or  deputy, 

*^^-  personally  or  by  leaving  a  copy  at  the  residence  of  the  owner,  or  mailed 

Acts  1894,  p.  97.  jj^  g^gg  ^f  nou-residents,  at  least  fifteen  days  before  tlie  day  fixed  for 

assessing  the  damages. 

Sec.  282.     ^Vhere  notice  can  not  he  served.     In  cases  where  service 

4668.  can  not  be  effected  by  leaving  notice  at  place  of  residence  or  by  per- 

Acts  1894,  p.  97.  soual  scrvicc,  the  notice  shall  be  posted  at  the  court  house  door  fifteen 

days  and  be  published  once  in  the  official  paper  one  week  before  the  day 

fixed  for  assessing  the  damages. 

Sec.  283.     Direction  and  contents  of  notice.     All  notices  shall  be 
directed  to  the  owner  or  owners,  and  shall  describe  the  property  or 
*^^^"  franchise  and  the  amount  of  interest  therein  sought  to  be  condemned ; 

Acts  1894, p. 97.  ^^  ^^iq  time  when  the  hearing  will  be  had  on  the  premises;  give  the 
name  of  the  assessor  selected  by  said  corporation,  and  request  the 
owner,  trustee,  or  representative,  as  the  case  may  be,  to  select  an  as- 
sessor. 

Sec.  284.  When  assessor  to  be  appointed  by  ordinary.  If  the  cor- 
poration seeking  such  condemnation  and  assessment  shall  notify  the 
ordinary  that  the  owner  or  persons  interested  have  failed  to  select  an 
'''■'■  assessor,  or  that  the  owners  fail  to  agree  upon  an  assessor,  or  that  the 
owner  is  unknown,  or  that  the  owner  or  any  one  of  the  owners  is  a 
minor  or  otherwise  under  disability  and  without  legal  representative, 


Affectin(}  Cities  i.v  (Jeokgia.  95 

the  ordinary  of  the  county  where  the  property  is  situated,  or  the  fran- 
cliise  sought  to  be  condemned  is  used,  shall  select  an  assessor  for  such 
persons  or  owners,  and  if  such  ordinary  is  disqualified,  then  the  clerk 
of  the  Superior  Court  of  the  county  sliall  make  the  selection,  after  like 
notice  by  ,  uch  corporation. 

Sec.  285.     Third  assessor.     The  two  assessors  thus  selected  sliall  se- 
lect a  third  assessor;  but  if  in  five  days  they  do  not  agree  upon  a  tliird  ^''•~^- 
assessor,  the  judge  of  the  Superior  Court  of  the  county,  upon  applica-  ^'"^  isn.p.or. 
tion  of  either  party,  of  which  the  other  shall  have  notice,  shall  make 
the  selection  in  term  time  or  vacation. 

Sec.   286.     Oath  of  assessors.     The  three  assessors  thus  selected  j^.-., 
shall  be  sworn  by  some  officer  authorized  to  administer  an  oath  "to  do  ^^.^^  ^gg^     ^^ 
equal  and  exact  justice  between  the  parties  according  to  law." 

Sec.  287.     When  hearing  can  not  he  at  time  fixed.     If  by  reason  of  ^g-g 
delay  in  appointing  assessors,  or  other  cause,  the  hearing  can  not  be  ^^.^^  ^gg^  p  gg 
had  at  the  time  fixed  in  the  original  notice,  the  assessors  shall  fix  the 
time  for  the  hearing  and  notify  both  parties  in  Avriting  of  the  time  and 
place  of  the  hearing. 

Sec.  288.     Evidence  to  he  heard  hy  assessors.     The  said  assessors 
shall  hear  all  evidence  offered  by  either  party  as  to  the  value  of  the^"'^' 
))roperty  to  be  taken  or  used,  or  as  to  damages  done  the  owners  of  the  "^''^^  isf^-p-os. 
same,  and  the  benefits  to  the  owner  accruing  from  the  use  of  the  prop- 
erty by  the  corporation  or  persons.     Parties  may  be  represented  in  per- 
son or  by  attorney  before  the  assessors. 

Sec.  289.  Assessment  of  value  and  damages.  The  assessors  or  a 
majority  of  them,  shall  assess  the  value  of  the  property  taken  or  used,  '^^'^' . 
or  damage  done,  and  shall  also  assess  the  consequential  damages  to  the  '^  ^  ''''  ' 
property  not  taken,  and  deduct  from  such  consequential  damages  the 
consequential  benefits  to  be  derived  by  the  owner  from  the  operation 
of  its  franchise  by  the  corporation,  or  by  the  carrying  on  of  the  busi- 
ness of  the  corporation  or  person  taking  or  damaging  the  property: 
Provided  the  consequential  benefits  assessed  shall  in  no  case  exceed  the 
consequential  damage  assessed ;  Provided  further,  that  nothing  in  this 
section  shall  be  so  construed  as  to  deprive  the  owner  of  the  actual  value 
of  his  property  so  taken  or  used. 

Sec.  290.     Finding  of  assessors,  how  and  where  entered.     Said  as- 
sessors shall  enter  their  finding  on  the  notice  substantially  as  follows:  jotg. 
"Upon  the  application  of  X.  B.  to  condemn  the  following  property  of  Acts  i894,p.9s. 

C.  D. : ,  notice  was  duly  served  by  the  sheriff  (or  his  dep-  sees.  564.  di. 

uty)  on  C.  D.  (owner,  trustee,  representative,  or  ordinary,  as  the  case 
may  be),  by  (mailing,  posting,  etc.,  as  the  case  may  be). The  applicant 
appointed  E.  F.  as  assessor.  The  (owner,  ordinary,  representative, 
as  the  case  may  be)  appointed  G.  H.  as  assessor;  and  they  two  (or 
judge  of  the  Superior  Court)  appointed  I.  J.  as  assessor;  who  after 
being  duly  sworn  and  hearing  the  evidence,  find  and  award  that  for 
taking  the  property  sought  to  be  condemned,  to-wit:  .  the 


4677. 

Acts  1894,  p, 


96  Part  II. — (4exeral  Laws 

said  A.  B.  shall  pay  to  C.  J).,  as  owner,  the  sum  of  $ .  The  con- 
sequential damages  to  the  property  of  C.  D.  not  taken  amount  to 

$ ,  and  the   consequential  benefits   to  $ ;  and  the  said  A. 

B.  shall  pay  C.  D.  the  difference  between  such  damage  and  such  ben- 
efit." 

Sec.  291.  Filing  and  record  of  award.  Within  ten  days  after  tlio 
award  is  made,  it  shall  be  filed  and  recorded  in  the  office  of  the  clerk 
of  the  Superior  Court  of  the  county,  where  the  property  is  situated  or 
franchise  sought  to  be  condemned  is  exercised. 

Sec.  292.     Appeal.     In  case  either  party,  or  the  representative  of 
^g-g  either  party,  is  dissatisfied,  he  or  they  have  the  right,  within  ten  days 

\cts  1894  p  98  ^^°"^  ^^®  ^™^  ^^^  award  is  filed,  to  enter  in  writing  an  appeal  from 
the  award  to  the  Superior  Court  of  the  county  where  the  award  is  filed  ; 
and  at  the  term  succeeding  the  filing  of  the  appeal,  it  shall  be  the  duty 
of  the  judge  to  cause  an  issue  to  be  made  and  tried  by  a  jury  as  to  the 
value  of  the  property  taken  or  the  amount  of  damage  done,  with  tlie 
same  right  to  move  for  a  new  trial  and  file  a  bill  of  exceptions  as  in 
other  cases  at  common  law. 

Sec.  293.     Appeal  not  to  delay,  when.     The  entering  of  said  ap- 
^g^g  peal  and  the  proceedings  thereon,  shall  not  hinder  or  delay  in  any  way 

Acts  1894  98  ^^^  Corporation's  or  person's  work  or  the  progress  thereof,  if  the  ap- 
plicant to  condemn  shall  pay  or  tender  to  the  owner  the  amount  of  the 
award,  and,  in  case  of  the  refusal  of  the  owner  to  accept  the  same,  de- 
posit the  amount  awarded  with  the  clerk  of  the  Superior  Court  for  the 
benefit  of  the  owner. 

Sec.  294.  Tender  or  acceptance  not  prevent  appeal.  The  tender, 
payment  or  acceptance  of  the  amount  sliall  not  prevent  either  party 

4680.  from  prosecuting  the  appeal.     If  the  amount  so  awarded  by  the  assess- 
Acts  1894,  p.  98.  Qj.g  jg  2ggg  than  that  found  by  the  final  judgment,  the  company  shall 

be  bound  to  pay  the  sum  finally  adjudged  in  order  to  retain  the 
property ;  and  if  it  be  less  than  that  awarded  by  the  assessors,  the  owner 
shall  be  bound  to  refund  any  excess  paid  to  or  received  by  him,  and  a 
judgment  for  such  excess  shall  be  rendered  against  him.  to  1k'  col- 
lected by  levy  as  in  other  cases. 

Sec.  295.     When  execution  shall  issue.     If  no  appeal  be  entered 

4681.  within  ten  days  after  the  award  is  filed,  or  if  the  corporation  shall  fail 
Acts  1894,  p.  99.  ^0  pay  the  amount  of  the  award  or  final  judgment,  the  clerk  shall  issue 

execution  upon  such  award  or  judgment,  which  may  be  levied  upon  any 
property  of  the  corporation  or  person  condemning. 

Sec.  296.     Notice  and  award  to  he  entered  on  minutes.     In  all  cases 

4682.  the  clerk  shall  enter  the  notice  and  award  thereon  upon  the  minutes  of 
Acts  1894,  p.  90.  the  court,  and  the  corporation  or  person  condemning  shall  pay  the 

costs  for  the  condemnation  proceedings  to  each  assessor,  not  exceeding 
two  dollars  per  day,  and  other  cost  as  now  provided  by  law  in  civil 
cases  in  the  Superior  Court. 

Sec.  297.     What  intercut  to  vest  in  parli/  scehing  condemnation. 


Affecting  Cities  in  Georgia.  97 


Upon  the  payment  by  the  corporation  or  person  seeking  to  condemn  of  ,,.33 
the  amount  of  the  award  and  final  judgment  on  appeal,  such  coi-pora-  ^^^.^  ^^^^ 
tion  or  person  shall  become  vested  with  such  interest  in  the  property 
taken,  as  may  be  necessary  to  enable  the  corporation  or  person  taking 
to  exercise  their  franchise  or  conduct  their  business;  and  whenever 
the  corporation  or  person  shall  cease  using  the  property  taken  for  the 
purpose  of  conducting  their  business,  said  property  shall  revert  to  the 
person  from  whom  taken,  his  heirs  or  assigns. 

Sec.  298.  Payment  to  minor.  If  the  person  to  whom  the  money 
belongs  shall  be  a  minor  or  under  any  disability,  and  without  a  legal  ■'''^'*- 
representative  entitled  to  receive  the  same,  the  money  shall  be  paid  to  ^^'^^  ^^■'■''  p-  ^''• 
the  ordinary  of  the  county,  who  shall  at  once  cause  the  same  to  be  in- 
vested; and  to  this  end  the  ordinary  of  the  county  of  his  residence, 
shall  appoint  guardian  or  other  proper  representatives  to  receive  said 
money  and  manage  the  property  in  which  it  may  be  invested. 

Sec.  299.     To  ivhat  condemnations  applicable.     The  method  of  con-  ^Q^ 
demnation  of  propert)',  and  assessment  of  damages  hereinbefore  pro- 


Acts  1894,  p.  99. 

Sees.   2408,  57-29 


vided  shall  apply  to  condemnation  by  cities,  counties,  railroads,  tele-  ''~^^'  '^^'  ^''^■ 
graph,  canal,  mining,  and  water-works  companies,  drainage  by  coun- 
ties, tramroads,  light-houses,  and  beacon  construction,  and  to  all  per- 
sons or  corporations  having  the  privilege  of  exercising  the  right  of  emi- 
nent domain;  but  nothing  herein  shall  be  construed  to  alter  or  repeal 
the  law  for  opening  public  or  private  roads  or  ways. 

Sec.  300.     Subpoenas  and  attendance  of  ivitnesses.     Said  assessoi'S  ^^gg 
shall  have  the  same  power  to  issue  subpoenas  and  compel  the  attend-  .^^.^^  1394, p. 99. 
ance  of  witnesses  as  is  vested  in  the  Superior  Court. 

r.ROVIDING  FOR  FIRE  ESCAPES  OR   MEANS  OF  EGRESS. 

Section  301.  Owners  of  every  building  more  than  two  stories  in 
height,  not  including  the  basement,  used  in  the  third  or  higher  stories, 
in  whole  or  in  part,  as  factory  or  workshop,  shall  provide  more  than 
one  way  of  egress  from  each  story  of  said  building,  above  the  second 
story,  by  stairways,  on  the  inside  or  outside  of  said  building,  and  such 
stairways  shall  be  as  nearly  as  may  be  practicable,  at  opposite  ends  of 
each  story  and  so  constructed  that  in  case  of  fire,  the  ground  can  be 
readily  reached  from  the  third  and  higher  stories. 

Stairways  on  the  outside  of  said  buildings  shall  have  suitable  railed 
landings  at  each  story  above  the  first,  and  shall  connect  with  each  of  stairways, 
said  stories  by  doors  or  windows  opening  outwardly,  and  such  doors, 
windows  and  landing,  shall  be  kept  at  all  times  clear  of  obstruction. 
All  the  main  doors  of  such  buildings,  both  inside  and  outside,  shall 
open  outwardly,  and  each  story  shall  be  amply  supplied  with  means  of 
extinguishing  fires. 

Sec.  302.     The  municipal  authorities  of  the  towTi  or  city,  where 
such  building  is  situated,  or  the  ordinary  of  the  county,  if  the  building  thorlties^  may 
is  situated  outside  of  anv  town  or  citv.  shall  require  the  fire  marslial  or 

(7) 


Part  II. — General  Laws 


Class  of  build- 
ings. 


Alterations 
required. 


chief  officer  of  the  fire  department,  and  if  there  is  no  fire  marshal  nor 
chief  fireman,  then  some  other  suitable  official,  to  examine  such  build- 
ings at  least  once  a  year,  and  report  in  writing  to  said  municipal  au- 
thorities, or  said  ordinary,  that  the  requirements  of  the  first  section  of 
this  Act  have  or  have  not  been  complied  with.  If  not  complied  with, 
the  municipal  authorities  or  the  Ordinary  of  the  county,  as  the  case 
may  be,  shall  notify  in  writing  the  owner  of  such  building,  to  provide 
needful  alterations  or  additions. 

Sec.  303.  The  municipal  authorities  of  any  town  or  city  in  this 
State,  may  by  ordinance  provide  that  the  provisions  of  this  Act  shall 
apply  to  all  buildings  not  used  as  private  residences,  three  or  more 
stories  in  height,  within  their  limits. 

Sec.  304.  This  Act  shall  go  into  operation  on  the  first  day  of  Jan- 
uary, 1890,  and  that  within  six  months  from  that  date,  the  owners  of 
buildings  referred  to  in  this  Act,  shall  make  all  alterations  or  additions 
necessary  to  comply  with  the  requirements  of  this  Act,  and  after  the 
first  day  of  July,  1890,  the  examinations  shall  be  made  as  required  by 
the  second  section  of  this  Act,  and  the  reports  of  such  examinations 
shall  be  made  to  the  authorities  designated,  by  or  before  the  first  day  of 
January,  1891,  and  thereafter  the  examinations  and  reports  shall  be 
made  during  tlie  month  of  December  in  each  year,  commencing  with 
December,  1891. 

Sec.  305.  That  owners  of  buildings  referred  to  in  this  Act, 
who  fail  to  comply  with  the  requirements  of  the  first  section 
of  this  Act,  within  the  time  designated  in  the  fourth  section,  or 
having  received  written  notice  from  the  designated  authorities,  shall 
refuse  or  neglect  to  make  the  alterations  specified  in  said  written  no- 
tice, shall  be  guilty  of  a  misdemeanor,  and  in  the  first  case,  shall  be  lia- 
ble to  a  fine  not  less  than  twenty-five  nor  more  than  one  hundred  dol- 
lars, but  in  the  second  case,  after  having  received  written  notice,  shall 
be  liable  to  a  fine  of  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars  for  each  month  that  said  refusal  or  neglect  continues,  com- 
mencing thirty  days  from  the  date  when  said  written  notice  has  been 
received  by  said  oMoier.' 

Sec.  306.  Any  municipal  corporation  in  this  State  sliall  have  full 
power  and  authority  to  provide  by  ordinance  for  the  forfeiture  of 
bonds  given  by  offenders  for  their  appearance  before  municipal  courts, 
and  to  fully  provide  for  the  collection  of  the  same  from  the  principal 
and  sureties  to  such  bonds  by  judgment,  execution  and  sale. 

Sec.  307.  Any  ^Tayor,  Eecorder,  or  other  proper  officer  presiding 
in  any  municipal  court  in  this  State,  shall  have  authority  to  bind  over, 
or  commit  to  jail,  olTenders  against  any  criminal  law  of  this  State, 
whenever  in  the  course  of  an  investigation  before  sticli  officer,  a  ])voper 
case  therefor  shall  ])c  made  out  bv  the  evidence. 


I'enalty  for 
failure  to  co 
ply. 


Municipal  cor- 
poration  may 
provide  for 
forfeiture    and 
collection   of 


Act    Sept.    28, 
1881. 


Municipal 
courts  may 
commit    of- 
fenders 

against    crimi 
iial  law  of 
5tate. 


Spe  Code  1895,   Sections  2G22   to  202.5. 


Affecting  Cities  in  CJeougia.  99 


NUISANCES. 

Section  308.     May  he  removed,  and  hoiv.     Any  nuisance  which 
tends  to  the  immediate  annoyance  of  the  citizens  in  oeneral,  is  mani-  *"'^°- 
festly  injurious  to  the  public  health  and  safety,  or  tends  greatly  to  cor-  ^^'^'^  i^^^- 
rupt  the  manners  and  morals  of  the  people,  may  be  abated  and  sup-  ^'°^^  ^^'^• 
pressed  by  the  order  of  any  two  or  more  Justices  of  the  Peace  of  the  flgl;  Iggg- 
county,  founded  npon  the  opinion  of  twelve  freeholders  of  the  same 
county,  who  shall  be  summoned,  sworn,  and  impaneled  for  that  pur- 
pose ;  which  order  shall  be  directed  to  and  served  by  the  sheriff  of  the 
county,  or  his  deputy. 

Sec.  309.     Public  nuisance,  how  restrained.     Private  citizens  can  4:01. 
not  generally  interfere  to  have  a  public  nuisance  enjoined,  but  the  pe-  secs.  ssss, 
tition  must  proceed  for  the  public  on  information  filed  by  the  solicitor-  4766! 

,      ,,  J         .  ■,  '  so  Ga.    451;    76 

general  ot  the  circuit.  oa.  soe. 

Sec.  310.     Nuisances  in  cities,  hotv  abated.     If  a  nuisance  com- 
plained of  exists  in  a  town  or  city  under  the  government  of  a  mayor,  ^^^^  ^^^.^     ^.^ 
intendant,  aldermen,  wardens,  or  a  common  council  or  commissioners,  ^, 

'  '  '  '  Sec.    6000. 

such  nuisance,  by  and  with  the  advice  of  said  aldermen,  wardens,  coun- 
cil or  commissioners,  may  be  abated  and  removed  by  order  of  said 
mayor,  intendant  or  commissioners;  but  if  the  nuisance  complained 
of  exists  in  a  city  having  a  population  of  twenty  thousand  or  more,  the 
police  eourt  of  such  city,  whether  known  as  mayor's  or  recorder's  court,  Recorder's 

^  •' '  •'  ^  Court    given 

or  otherwise  designated,  shall  have  jurisdiction  to  hear  and  determine  cognizance, 
the  question  of  the  existence  of  such  nuisance,  and,  if  found  to  exist,  to 
order  its  abatement,  which  order  shall  be  directed  to  and  executed  by 
the  sheriiT  or  the  marshal  of  said  town  or  city,  or  their  deputy. 

Sec.  311.     Notice.     Eeasonable  notice  shall  be  given  to  the  parties  4703. 
interested  of  the  time  and  place  of  the  meeting  of  such  justices  and 
freeholders,  or  of  such  mayor,  intendant,  aldermen,  wardens,  council 
or  commissioners. 

Sec.  312.     By  udioni  the  application  may  be  made.     A  public  nui- 4766. 
sance  may  be  abated  on  the  application  of  any  citizen.  4761.'    76  ba. 

DUAL  offices. 

Sec.  313.     Councilmen  and  Aldermen  of  the  towns  and  cities  of 
this  State  shall  be  incompetent  to  hold,  except  in  towns  of  less  than  two  ineiigibiiity 
thousand  inhabitants,  any  other  municipal  office  in  said  towns  and  and   Councii- 
cities  during  the  term  of  office  for  which  they  were  chosen,  but  nothing 
in  this  section  shall  apply  to  any  municipal  office  which  is  filled  by  ap-  Sec.  739. ' 
pointment  of  the  Mayor.     Any  Councilman  or  Alderman  appointed 
during  his  term  to  another  municipal  office  shall  resign  before  being 
eligible  to  enter  upon  the  office  to  which  he  has  been  appointed. 


100  Part  II. — General  Laws 


Sec.  314.  When  any  Treasurer  or  other  person  authorized  by  law- 
Garnishments  to  collect  the  taxes  due  to  any  city,  town  or  other  municipal  corpora- 
tion, can  find  no  property  of  the  defendant  on  which  to  levy  any  tax 
execution  in  his  hands,  it  shall  be  his  duty  to  make  an  entry  to  that 
effect  on  said  execution ;  and  such  Treasurer  or  other  person  authorized 
by  law  to  collect  the  taxes  due  said  city,  town  or  other  municipal  cor- 
poration as  aforesaid,  may  then  issue  summons  of  garnishment  against 
any  person  whom  he  may  believe  is  indebted  to  the  defendant,  or  who 
Without  mak-  may  havc  property,  money  or  effects  in  his  hands,  without  making  the 

ing  affidavit   or  -^  J^       ^         -^  '  '  /  '^ 

giving  bond,  affidavit  or  giving  bond  as  now"  required  by  law  in  other  cases  of  gar- 
nishment, and  said  summons  of  garnishment  shall  be  served  by  the 
Treasurer  or  Tax-Collector  as  aforesaid,  or  by  the  Sheriff,  his  Deputy, 

Service  of        q^  anv  Coustablc  of  the  county  in  which  the  garnishee  may  reside,  at 

summon.  -  "  o  .  ' 

least  fifteen  days  before  the  sitting  of  the  court  to  which  the  same  is 
Return  of        made  returnable,  and  returned  to  the  Superior  or  City  Court  of  the 
county  in  which  is  situated  such  city,  town  or  other  municipal  corpora- 
tion as  aforesaid. 

Sec.  315.     That  said  Treasurer  or  other  Tax-Collector  shall  enter 
Entrv  on  exe-  ^^  ^^^^  cxecution  the  uames  of  the  person  or  persons  garnished,  and 
turifof.'*"*^  "^    return  said  execution  to  said  Superior  Court,  and  all  the  subsequent 
proceedings  shall  be  the  same  as  now^  provided  by  law  in  relation  to 
proceeSngs.      garnishment  in  other  cases  when  judgment  has  been  obtained  or  -execu- 
tion issued. 

Sec.  316.  "The  Mayor  shall  be  the  chief  executive  of  the  town  or 
village.  He  shall  take  care  that  the  orders,  by-law^s,  ordinances, 
di^«on^  J"""""  acts  and  resolutions  of  the  Council'  are  faithfully  executed.  He  shall 
Svu^clsel^  '"  tie  ex  officio  Justice  of  the  Peace  within  the  town  or  village;  shall 
within  the  same  possess  and  exercise  all  the  powers  and  duties  vested 
by  law  as  a  Justice  of  the  Peace,  except  that  he  shall  have  no  jurisdic- 
tion as  such  in  civil  cases.'" 

EVIDENCE. 

Sec.  317.     Exemplifications  of  the  records  and  minutes  of  the  pro- 
ceedings of  municipal  corporations  of  this  State  shall,  when  certified 
tions  of  rec-    by  the  Clcrks  or  Keepers  of  such  records  respectively,  of  such  muni- 
mun'icipaiities    cipal  Corporations,  under  seal,  be  admitted  in  evidence  in  the  courts  of 

admissible  m         _^  ^ 

evidence.  this  State  undcr  the  same  rules  and  regulations  as  exemplifications  of 

the  records  of  the  Courts  of  Eecord  of  tliis  State  are  now  bv  law  ad- 


mitted in  evidence.^ 

confederate  soldiers. 

„    ,  ,     ^  Sec.  318.     All    Coiit'cclcrate    sohlicrs    who    arc    o\v\     the    ayv    oi' 

Confederate  '^ 

soidiersfifty     fifty   ycars,    aiul  wlio    havc  resided  in  this  State  for  tliree  years  next 

years  old  may  J     .^  ' 

a  ent"free  of  P^scediiig  the  filing  of  their  applications,  as  hereinafter  provided,  are 
tax.  authorized  to  conduct  the  business  of  traveling  life  insurance  agents 


1  See  Act  October  20,  1889. 

2  See    Code   1895,    Section   5116. 


Affecting  Cities  Ix\  Georgia.  101 


or  solicitors,  and  fire  insurance  agents  or  solicitors,  and  peddle  in  the 
State  without  first  obtaining  a  license  therefor  from  the  State  or  any 
county  or  municipality  thereof,  and  without  being  subject  to  any  tax 
therefor. 


AN  ACT 


To  amend  Section  1642  of  the  Code  of  1895,  A^olume  I.,  by  striking 
from  the  fourth  line  thereof  the  words,  "in  any,"  word  "peddling," 
and  the  word,  "ardent,"  the  words,  "or  dealing  in,"  and  for  other 
purposes. 

Sec.  319.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  and 
it  is  hereby  enacted  by  the  authority  of  the  same,  That  from  and  after 
the  passage  of  this  Act,  Section  1642  of  the  Code  of  1895,  Volume  I., 
be,  and  and  the  same  is,  here  by  amended  by  striking  from  the  fourth 
line  thereof  the  words  "in  any"  and  siibstituting  thereof  the  words, 
"or  conduct  business  in  any  town,  city."  and  by  inserting  in  the  tenth 
line  of  said  section,  between  the  word  "peddling"  and  the  word 
"ardent,"  the  words,  "or  dealing  in,"  so  that  said  section,  thus 
amended,  shall  read  as  follows  : 

Sec.  320.  Any  disabled  or  indigent  Confederate  soldier  or  soldiers 
of  the  Seminole,  Creek  or  Cherokee  Indian  War  or  Mexican  War,  who 
are  residents  of  this  State,  may-  peddle  or  condu.ct  business  in  any  ^u^ntss  free 
town  city,  county  or  counties  thereof  without  paying  licences  for  the  of  tax. 
privilege  of  so  doing ;  and  a  certificate  from  the  ordinary  of  any  county 
stating  the  fact  of  his  being  such  disabled  or  indigent  Confederate 
soldier  or  soldiers  of  the  Seminole,  Creek  or  Cherokee  Indian  War  or 
Mexican  War,  who  are  residents  of  this  State,  shall  be  sufficient 
proof :  Provided  that  this  section  shall  not  authorize  peddling  or  ^^^^  ^.^^^^ 
dealing  in  ardent  and  intoxicating  drinks ;  and  provided,  further,  that 
the  privilege  hereby  granted  shall  not  be  transferred  to  or  used  by  any 
other  person. 


May  peddle 


PROHIBITING    DUMPING    OF    CARCASSES    IN 
STREAMS. 

Section   ( 1 ) .     From  and  after  the  passage  of  this  Act  it  shall  be  Dunjpj^g 

carca 
into 
streai 
prohibited. 

creek  or  other  stream  in  this  State. 

Sec.    (2).     Any  person  violating  the  provisions  of  this  Act,  on  con- 
viction shall  be  punished  as  prescribed  in  section  4310  of  the  Code  of  ^^^'  '^'  ^' 
1883. 


102 


Part  II. — Gexeral  Laws 


FORBIDDING   WHITE    AND    COLORED  CONVICTS    BEING 
CONFINED    OR    CHAINED    TOGETHER. 

Section  (1).  From  and  after  the  passage  of  this  Act  it  shall  be 
unlawful  for  any  person  or  firm  leasing  or  controlling  any  convicts  in 
this  State  to  confine  white  and  colored  convicts  together,  or  to  work 
them  chained  together,  nor  shall  they  be  chained  together  going  to  or 
from  their  work,  or  at  other  time. 

Sec.  (2).  Any  person,  and  each  member  of  any  firm  of  persons 
violating  the  provisions  of  this  Act,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  as  provided  in  section  4310  of  the 
Code  of  Georgia  of  1882. 


Wliite    and 

colored 

convicts 

not  to   be 

chained 

together. 


REGULATING  APPOINTMENT  OF   PEACE   OFFICERS  AND 
DETECTIVES. 


Non-residents 
not  to  be 
appointed. 


Functions 
not  to  be 
assumed. 


Penalty. 
Dec.    30, 


Not  to  affect 
police  power 
of    conductors. 


Nor  apply  in 
time  of  riot, 
etc. 


Section  ( 1 ) .  No  Sheriff  of  a  county,  Mayor  of  a  city,  or  other  per- 
son authorized  by  law  to  appoint  Special  Deputy  Sheriffs,  Special  Con- 
stables, Marshals,  Policemen,  or  other  Peace  Officers  or  Detectives,  in 
this  State,  to  preserve  the  public  peace  and  prevent  or  detect  crime, 
shall  hereafter  appoint  as  such  Special  Deputy,  Special  Constable, 
Marshal,  Policeman  or  other  Peace  Officer  or  Detective,  any  person 
who  is  not  a  citizen  of  this  State,  and  no  person  shall  assume  or  exer- 
cise such  functions,  powers,  duties,  or  privileges  incident  and  belong- 
ing to  the  office  of  Special  Deputy  Sheriff,  Special  Constable,  Mar- 
shal or  Policeman,  or  other  Peace  Officer  or  Detective,  without  first 
having  received  his  appointment  in  writing  from  the  lawfuly  consti- 
tuted authorities  of  the  State. 

Sec.  (2.).  Any  person  or  persons  who  shall,  without  due  authori- 
ty, exercise  or  attempt  to  exercise  the  functions  of  or  hold  himself  or 
themselves  out  to  any  one  as  a  Deputy  Sheriff,  Marshal,  Policeman, 
Constable  or  other  Peace  Officer  or  Detective  shall  be  deemed  guilty  of 
misdemeanor,  and  on  conviction  thereof,  shall  be  punished  as  prescrib- 
ed in  section  4310  of  the  Code  of  1882 ;  'provided,  that  nothing  in  this 
Act  shall  be  construed  to  interfere  with  the  police  powers  granted  to 
conductors  of  passenger  trains;  provided  further,  that  this  Act  shall 
not  apply  in  times  of  riot  or  unusual  disturbance,  or  in  other  instances 
now  provided  for  by  law. 


PROTECTING  PRIMARY  ELECTIONS. 


Section   (1).     That  on  and   after  the  passage  of  this  Act  every 
political  primary  election  held   by   any   political  party,  organization 


Affecting  Cities  in  (Jeoikma.  103 


or  association  for  the  purpose  of  choosing  or  selecting  candidates  for  j,^^^  primary 
office  or  the  election  of  delegates  to  conventions  in  this  State,  shall  be  r,lf'conduc°ed. 
])rosided  over  and  conducted  in  the  manner  and  form  prefer il)ed  by 
the  rules  of  the  political  party,  organization  or  association  holding  such 
primary  elections  by  the  managers  selected  in  the  manner  prescribed 
by  such  rules.  Such  managers  shall,  before  entering  upon  the  dis- 
charge of  their  duties,  each  take  and  subscribe  to  an  oath  "that  he  will 
fairly,  impartially  and  honestly  conduct  the  same  according  to  the  manag°ers, 
provisions  of  this  Act,  and  in  accordance  M'ith  the  laws  of  the  State 
governing  regular  elections  for  the  offices  of  said  State."  Should 
one  or  more  of  the  managers  thus  appointed  to  hold  such  elections  fail 
to  appear  on  the  day  of  election,  the  remaining  manager  or  managers 
shall  appoint  others  in  their  stead  and  administer  to  them  the  oath 
herein  prescribed.  The  managers  shall  take  the  oath  before  a  Notary 
Public  or  other  officer  authorized  to  administer  oaths,  but  if  no  such 
officer  can  be  conveniently  had,  the  managers  may  administer  the  oath 
to  each  other.  Such  oaths  shall,  after  being  made  and  subscribed  to, 
be  filed  in  the  office  of  the  Clerk  of  the  Superior  Court  of  the  county 
in  which  such  primary  election  shall  bo  held  within  five  days  after  an 
election. 

Sec.    (2).     That  before  any  ballots  are  received  at  such  primary 
elections,  and  immediately  before  opening  the  polls,  such  managers  ^ai'iot'box  °^ 
shall  open  each  ballot  box  to  be  used  in  such  election,  and  shall  exhibit  fng^'^oifs''^''" 
the  same  publicly  to  show  that  there  are  no  ballots  in  such  box.     They  ^^^  ^^  ^^ 
shall  close  and  lock  and  seal  up  such  box  except  the  opening  to  receive  <=iosed,  etc. 
the  ballots,  and  shall  not  again   open  the   same  until  the  close  of  the 
election.     They  shall  keep  a  list  of  the  voters  voting  at  such  election,  ^ist  of  voters, 
and  shall  before  receiving  any  ballot  administer  to  the  voter  an  oath, 
provided  such  voters  vote  is  challenged,  that  he  is  duly  qualified  to  Challenges, 
vote  according  to  the  rules  of  the  party,  and  according  to  the  election 
laws  of  said  State,  and  has  not  voted  before  in  such  primary  election 
then  being  held.     At  the  close  of  the  election  the  managers  shall  pro-  vo°t'es*an^ 
ceed  publicly  to  count  the  votes  and  declare  the  result.     They  shall  "^^" 
certify  the  result  of  such  election,  and  transmit  such  certificate  with  certificate, 
the  tally  sheet  or  poll  list,  together  with  the  ballots  cast,  and  all  other  sheet"  e^c. 
papers  relating  to  such  primary  election  within  the  time  prescribed,  Time, 
and  to  the  person  or  persons  designated  by  the  rules  of  the  party,  or-  of  election.' 
ganization  or  association  holding  such  election. 

Sec.    (3).     That  every  such  primary  election  shall  be  held  at  the  ^^jj^.  gj^^^^  ^^ 
time  and  place,  and  under  the  regulations  prescribed  by  the  rules  of  ^th*"  cferk*^ 
the  part}^,  organization  or  association  holding  the  same,  and  the  re-  court!"^ 
turn  shall  be  made  and  the  result  declared  as  prescribed  in  the  fore- 
going section.     And  the  return  of  the  managers  with  the  tally  sheet 
or  poll  list,  together  with  all  other  papers  connected  with  such  election, 
shall  all  be  filed  in  the  office  of  the  Clerk  of  the  Superior  Court  for  the 


104 


Part  II. — C4exeral  Laws 


Violation 
Act    by 
manager. 


county  in  which  such  election  is  held  four  days  after  the  final  declara- 
tion of  the  result  thereof,  and  shall  remain  there  for  public  inspection. 

Sec.  (4).  That  any  manager  who  shall  be  guilty  of  wilfully  vio- 
lating any  of  the  duties  and  obligations  devolving  upon  him  as  such 
manager  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
fchall  be  punished  by  a  fine  not  to  exceed  one  hundred  dollars  or  im- 
prisonment not  to  exceed  six  months,  and  any  manager  who  shall  be 
guilty  of  any  fraud  or  corruption  in  the  management  of  such  election 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
in  the  sum  not  to  exceed  two  hundred  and  fifty  dollars,  or  imprison- 
ment for  a  term  not  to  exceed  twelve  months,  or  both  in  the  discretion 
of  the  court. 

Sec.  (5).  Be  it  further  enacted,  That  any  voter  who  shall,  if  chal- 
lenged, swear  falsely  in  taking  the  prescribed  oath,  or  shall  personate 
another  person  and  take  the  oath  in  his  name  in  order  to  vote,  such 
voter  shall  be  guilty  of  perjury,  and  shall  be  punished  upon  conviction 
as  for  perjury. 

Sec.  (6).  Be  it  further  enacted.  That  if  any  person  voting  at  such 
primary  election  shall  vote  more  than  once  or  at  more  than  one  polling 
place,  he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
be  fined  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

Sec.  (7).  Be  it  further  enacted,  That  all  laws  and  parts  of  laws 
in  conflict  with  this  Act  be,  and  the  same  are  hereby  repealed. 


False    oath, 
etc.,    by   voter 


Illegal    voting 


Approved 
Oct.    21,    1891. 


WHIPPING  BOSSES  FOR  COUNTY 
CHAIXGANGS. 


AND  MUNICIPAL 


Appointment 
of    whipping 


Whipping 

wlien 

necessary. 


Rules    pre- 
pared   when 
necessarj'   for 
government. 


Section-  (1).  Be  it  enacted  hy  the  General  Assemhhj  of  Georgia, 
That  from  and  after  the  passage  of  this  Act  it  shall  be  lawful  for  the 
governing  authorities  of  any  county  or  municipal  corporation  in  this 
State,  employing  or  having  labor  performed  by  convicts,  in  any  such 
county  or  municipal  corporation,  respectively,  to  select  or  appoint  a 
Whipping  Boss  for  such  convicts,  and  fix  his  compensation  and  pre- 
scribe his  duties;  provided,  however,  that  proper  and  necessary  dis- 
cipline may  be  administered  by  the  Superintendent  or  other  officer  or 
person  having  control,  under  authority,  of  any  convict  or  convicts 
without  the  employment  of  a  Whipping  Boss. 

Sec.  (2).  Be  it  further  enacted,  That  no  whipping  shall  be  ad- 
ministered to  a  convict  by  any  Whipping  Boss  or  other  officer  or  person 
except  in  cases  where  the  same  is  reasonably  necessary  to  enforce  dis- 
cipline or  compel  work  or  labor  by  such  convict. 

Sec.  (3).  Be  it  further  enacted.  That  said  governing  authorities 
of  counties  and  municipal  corporations,  respectively,  employing  or 
having  labor  performed  by  convicts,  shall  prepare  and  have  pub- 
lished full   and   complete,   reasonable   and   humane,  rules   and  reg- 


Afkicct[ng  Cities  in  Gkohxma.  105 


Illations  for  the  government  of  the  convicts  under  their  control 
which  rules  may  be  amended  as  occasion  may  require,  but  shall  speci- 
fically prescribe  the  powers  and  duties,  in  all  respects,  of  tlie  Superin-  • 
tendent.  Commissioner,  Guard,  Whipping  Boss  or  oilier  ikm-sou  con- 
nected witli  the  manangement  of  convicts  as  to  care,  kcej^ing,  control, 
work  and  discipline  of  convicts. 

Sec.   (4).     Be  it  further  enacted,  That  no   Superintendent,   Com- 
missioner, Guard,  Whipping  Boss,  or  other  person  or  employer  of  con-  fnr"o"t*''"Habie 
victs,  shall  be  personally  liable  for  any  injury  or  damage  to  any  convict  to"^  cl.n'^kftr 
resulting  from  the  employment,  care,  keeping,  control,  work  and  dis- 
cipline of  convicts    who    are   under   the    direction  of  said  governing 
authorities,  respectively,  in  accordance  with  reasonable  and  humane  sipt^iif  isai. 
rules  and  regulations  adopted  as  aforesaid. 


POWEE  OF  MAYOR  m  CASES  OF  EMERGENCY. 

Section  1.     Whenever  any  riot,  outbreak,  tumult,  mob  or  riot  shall 
occur  or  be.  imminent  under  such  circumstances  that  timely  appliica-  Code  of  i895, 

-^       ^  ^  Vol  I,   p.    1170. 

tion  cannot  be  made  to  the  Governor,  and  action  had  thereon  by  him, 
the  mayor  of  any  city,  town,  or  village  in  which  any  of  said  volunteer 
forces  are  located,  if  he  ascertains  or  has  good  reason  to  believe  that 
the  ordinary  posse  comiitatus  or  civil  power  of  the  county,  city,  town, 
or  village  where  such  violation  of  the  laws  and  peace  of  this  State 
occurs  or  appears  imminent,  are  or  would  be  unable  to  promptly  sup- 
press or  prevent  the  same,  may,  without  first  making  application  to 
the  Governor,  direct  the  commander  of  each  company,  or  part  of  a 
company  of  said  volunteer  forces,  in  the  county  or  said  city,  town,  or 
village  where  such  lawlessness  exists  or  is  threatened,  to  call  out  and 
report  with  his  command  to  such  civil  officer,  to  enforce  the  laws  and 
preserve  the  peace,  and  it  shall  be  the  duty  of  such  commander  and 
all  persons  composing  such  command  to  obey  such  order. 


FORFEITURE  OF  LICENSE  FOR  VIOLATION  OF 
LIQUOR  LAWS. 

An  Act  to  provide  an  additional  penalty  for  the  violation  of  law  by 
the  venders  of  intoxicating  liquors. 

Section   (1).     Be  it  enacted  by  the  General  Assembly  of  the  State 
of   Georgia,   That   in   the   event    of   the   conviction    of    any    person 
in  this   State   of   the    offence    of    keeping    open   a   tippling   house  soii'higf  Itl, 
on   the    Sabbath     day    or     Sabbath    night,    mentioned     in   section  I'ovoked.^''"^'^ 
4-535   of   the   Code   of    Georgia,   published   in   1882,   or    of   the    of- 


106 


Part  II. — Gexekal  Laws 


And    disquali 
flcation    for 
vending 
liquors  for 
^ne  year. 


Approved 
Sept.   19, 


License    to 
be    forfeited 
when    convic- 
tion   of   violat- 
ing  liquor 
1  a  \vs. 


No  license 
contrary    to 
sentence  of 
forfeiture. 


fence  of  selling  or  furnishing  liquors  to  a  minor,  mentioned  in 
section  4640(a)  of  said  Code,  or  of  the  offence  of  emi)loy- 
ing  a  minor  in  a  harroom,  mentioned  in  section  4540(c)  of  said 
Code,  or  of  violation  of  any  other  penal  law  now  of  force  or  herea'tor 
passed,  designed  to  control  or  regulate  the  liquor  traffic  in  this  State, 
the  judge  or  court  sentencing  the  said  person  so  convicted  shall,  as  a 
part  of  the  penalty,  provide  in  the  sentence  for  a  forfeiture  of  the  li- 
cense held  by  such  person,  and  further,  that  such  person  shall  be  dis- 
qualified from  selling  or  vending  any  form  of  intoxicating  liquors  in 
this  State  for  the  space  and  term  of  one  year  from  date  of  the  said  sen- 
tence, directly  or  indirectly,  in  his  own  name  or  right,  as  agent,  as  a 
copartner,  or  otherwise;  and  if  any  person  sells  intoxicating  liquors, 
or  becomes  interested,  either  directly  or  indirectly,  in  the  sale  thereof, 
after  such  license  has  been  revoked,  he  shall  be  guilty  of  the  offence  of 
selling  liquor  without  a  license,  and,  upon  conviction  therefor,  shall  be 
punished  as  is  prescribed  in  section  4310  of  the  Code  of  1882.  And  it 
is  hereby  declared  to  be  the  meaning  and  intent  of  the  said  sentence 
that  it  shall  absolutely  forbid  such  person  so  convicted  from  being  in 
any  way  interested  in  the  said  sale  during  the  said  one  year. 

Sec.  (2).  Be  it  further  enacted.  That  it  shall  not  be  in  the  power 
of  any  officer  or  authority.  State,  county  or  municipal,  to  issue  a  li- 
cense contrarv  to  the  sentence  provided  for  in  the  first  section  of  this 
Act. 


GENERAL  LAW   FOR  I^s^CORPORATING  STREET 
SUBURBAN   RAILROADS. 


AND 


General   laws 
for    incorpor- 
ating rail- 
roads,   etc., 
made    applica- 
ble   to   street 
and  suburban 
railroads. 


See  Act  No. 
343,    approved 
Aug.   1,    1S91. 


Consent    of 
municipal 
authorities 
must  be 
obtained. 


Liability 
for  street 
paving,   etc. 


An  Act  to  provide  a  general  law  for  the  incorporation  of  companies  to 
operate  street  and  suburban  railroads,  and  to  regulate  the  same. 
Section"  (1).  All  of  the  general  laws  of  this  State  providing  for 
the  incorporation  of  railroads,  and  to  regulate  the  same,  including  all 
laws  to  enable  purchasers  of  railroads  to  form  corporations,  and  to  ex- 
ercise corporate  powers  and  define  their  rights,  powers  and  privileges, 
both  the  original  statutes  and  all  amendments  thereto,  be,  and  the 
same  are,  hereby  made  applicable  to  all  street  and  suburban  railroad 
companies  to  be  incorporated  for  building  or  having  railroads  for  the 
carriage  of  freight  and  passengers,  or  either,  and  for  their  railroads 
run  by  whatever  motive  power;  provided,  that  no  street  railway  within 
the  incorporate  limits  of  any  incorporated  town  or  city  shall  be  con- 
structed without  the  consent  of  the  corporate  authorities  where  they 
shall  be  located ;  provided,  that  all  such  street  railroad  companies  so 
incorporated  under  the  general  law  aforesaid,  shall  be  subject  to  have 
[pave]  and  shall  be  liable  for  street  paving  and  to  other  regulations  by 
municipal  corporations,  as  are  street  railroads  and  street  railroad  com- 
panies incorporated  by  separate  Act  or  Acts  by  the  law  of  this  State 
and  of  municipal  corporations  respectively  in  this  State. 


Affecting  Cities  in  Georgia.  •  107 

AUTHORIZING    STREET    RAILROADS    TO    SELL  TO    AND 
CONTRACT  WITH   EACH   OTHER. 

Section   (1).     All  street  railroad  companies  chartered   under  the 
general  railroad  law  of  this  State,  or  by  the  Acts  of  the  Legislature,  orseii  to  other 
shall  have  power  to  lease  or  sell  their  lines  of  road,  their  franchises  and  '^"'"p^"*^®' 
all  their  other  property  to  any  other  corporation  created  by  the  laws  of 
this  State  for  street  railroad  purposes,  either  under  the  general  rail- 
road laws  or  Acts  of  the  Legislature;  and  their  franchises,  their  lines 
of  road  and  their  property  so  sold  shall  remain  liable  in  the  hands  of  Liability   tor 
the  lessee  or  purchaser  for  all  present  debts  or  claims  against  the  com-  seller. 
pany  making  the  conveyance  just  as  if  it  had  not  been  leased  or  sold; 
provided,  that  nothing  in  this  Act  shall  be  construed  to  authorize  any 

^  °  -^    Sale    or    lease 

such  company  to  sell,  lease  or  otherwise  dispose  of  any  of  its  rights,  "Lust 


affect 


not 


powers,  porperty  or  franchises  so  as  to  defeat  or  lessen  competition,  or  competition, 
to  encourage  monopoly. 


RENEWAL    OR   REPAIRING   PAVEMENTS    IN    CITIES    OF 
OVER    TWENTY   THOUSAND    POPULATION. 

Section  ( 1 ) .  The  Mayor  and  Council,  or  other  governing  author- 
ity of  any  city  of  this  State,  having  a  population  of  over  twenty  thou-  or  repairs  of 
sand,  shall  have  power  and  authority  to  renew,  by  the  use  of  any  ma-  assessment 
terial  that  may  be  decided  on,  or  repair  any  pavement  now  laid  or  here- 
after laid  in  said  city,  upon  the  same  terms  and  conditions,  as  to 
assessments  of  property  and  street  car  companies,  as  were  in  force  when 
the  said  pavement  was  originally  laid;  'provided,  in  the  judgment  of 
the  city  council  of  said  city  the  pavement  was  worn  out  and  no  longer 
serviceable  as  a  good  pavement,  it  being  the  intent  and  purpose  of  this 
Act,  that  the  city  council  or  other  governing  authority  of  said  cities  Approved 

•^  &  to  J  Oct.    10,    1S91. 

shall  have  the  power  to  pave  again  any  street  on  which  the  pavements 
are  worn  out  and  useless. 


CONFERRING   POLICE   POWERS    ON   CONDUCTORS,  ETC., 
OF   STREET   RAILROADS. 

Section   (1).     The  conductors,  motormen  and  drivers   of  street 
railroad  cars  in  this  State  are  hereby  invested  with  all  the  powers,  du-  Police  power 
ties  and  responsibilities  of  police  officers  while  on  duty  on  their  trains 
or  cars,  and  while  on  duty  at  the  termini  of  their  lines ;  provided,  noth- 
ing herein  contained  shall  affect  the  liability  of  any  railroad  company  liability,  etc. 
for  the  act  of  its  employees. 

Sec.   (2).     That  when  a  passenger  is  guilty  of  disorderly  conduct 
or  uses  anv  obscene,  vulgar  or  profane  language,  or  plays  any  game  of 

■  p  o&>±'J  J   b  Authority    to 

cards,  or  other  game  of  chance  for  money  or  other  thing  of  value,  or  is  eject, 
guilty  of  any  disorderly  or  improper  conduct  tending  to  cause  a  breach 


108 


Pakt  II. — General  Laws 


of  the  peace,  said  conductors,  motormen  and  drivers,  either  or  all  of 
them,  are  hereby  authorized  to  eject  such  passengers  from  the  cars, 
using  only  such  force  as  may  be  necessary  to  accomplish  such  removal, 
and  the  said  officers  may  command  the  assistance  of  the  employees  of 
the  company,  and  the  passengers  on  such  train"  of  cars  to  assist  in  such 
removal,  and  said  officer  may  cause  any  person  or  persons  who  violate 
the  provisions  of  this  Act,  who  commit  acts  which  are  in  violation  of 
the  laws  of  this  State,  to  be  detained  and  delivered  to  the  proper  offi- 
cers for  trial  as  soon  as  practicable,  and  said  officers  are  aiithorized  to 
exercise  the  police  powers  hereby  conferred  at  the  termini,  also  of  their 
lines,  while  on  duty  either  as  conductors,  motormen  or  drivers. 


Approved. 

Oct.  16,  : 


Part  III.— Ordinances. 


I^ART    III. 

OKDIXAXCES. 


CHAPTER  I. 

COUNCIL  CHAMBEK,   SEAL  AXD   COLORS. 


Section. 

321.  Council   chamber. 

322.  Corporate    seal. 


Section. 

323.  Flags  and  colors. 


Sectiois'  321.  Xo  person  shall  Ije  admitted  within  the  balustrade 
enclosing  the  seats  of  members,  during  any  meeting  of  the  General 
Council,  except  members  of  the  body,  city  officials  and  newspaper  re- 
porters engaged  in  reporting  proceedings  of  the  General  Council,  with- 


Act    April    16, 

out  this  rule  being  first  suspended,  by  unanimous  consent,  upon  motion  i895. 
of  some  member  of  the  body.     It  shall  be  the  duty  of  the  City  ^larshal 
to  enforce  the  provisions  of  this  ordinance. 

Sec.  322.     The  coat  of  arms,  or  corporate  seal,  of  Atlanta  shall  be 
as  follows :     It  shall  be  of  silver  and  the  size  of  two  and  a  quarter  corporate  seal 
inches  in  diameter.     The  device  on  the  front  side  shall  be  a  picture" 
of  a  fabled  Phoenix,  rising  from  its  ashes,  with  the  inscription,  "Re-   ^^  ' 
surgens  184:7-1865,"  written,  cut  or  engraved  thereon,  signifying  the 
"rising,  ever  rising  more  brightly,"  and  the  date  a  charter  was  first 
granted  the  city  and  its  rehabilitation  after  the  destruction  by  the 
Federal  army  in  1864.     The  seal  shall  remain  in  the  office  of  the  City 
Clerk  and  not  be  affixed  to  any  instrument  of  writing  except  by  order 
of  the  Mayor. 

Sec.  323.     The  following  ?hall  be  the  forms,  devices  and  colors  of 
the  Civic  Flag,  the  City  Ensign  and  the  Pennant  of  the  City  of  At-  ors^or^lhe^"'" 
lanta:     That  the  colors  in  the  several  forms  shall  be  yellow  and  blue  ^nta.°^  '^*'' 
of  the  luu's  or  tints  as  expressed  upon  the  pattern,  and  the  exact  copy  May  5.  isoc. 
of  whit-h  is  liereby  directed  to  be  placed  on  file  in  the  office  of    tlie 
Clerk  of  Council  and  displayed  in  public  in  the  City  Hall,  niarki'd 
"Approved  Colors  for  the  City  Flags  of  Atlanta.'" 


112 


Part  III. — Ordinances. 


CHAPTER  II. 


Section. 

324.  First    Ward. 

325.  Second    Ward. 

326.  Third   Ward. 

327.  Fourth    Ward. 


Section. 

328.  Fifth   Ward. 

329.  SLxth    Ward. 

330.  Seventh  Ward. 


tension,    1890 


Division   of   ex 
tended    limits. 


Section  324.  The  City  of  Atlanta  shall  be  laid  off  into  .^even 
wards,  as  follows  :  Commencing  at  the  center  of  the  crossing  of  White- 
hall street,  at  the  Western  and  Atlantic  Eailroad,  and  running-  along 
the  center  of  the  track  of  the  Western  and  Atlantic  Eailroad  to  the 
center  of  Foundry  street;  thence  along  the  center  of  Foundry  street 
w^estwardly  to  the  corporation  line ;  and  thence  running  southwesterly 
and  south  along  the  outer  line  of  said  limits  to  the  limits  of  the  Sev- 
Division  of  ex-  eutli  Ward ;  thence  along  the  limits  of  the  Seventh  ward  to  where  the 
same  intersects  with  Whitehall  street;  thence  along  the  center  of 
Whitehall  street  to  the  beginning  point,  shall  be  known  as  the  First 
ward. 

Sec.  325  The  line  between  the  First  and  Second  wards  shall  be 
Whitehall  street  to  the  line  of  the  Seventh  ward;  thence  extending 
southwesterly  along  the  line  of  Seventh  ward  to  corporate  limits; 
thence  along  the  corporate  limits  to  Capitol  avenue ;  and  thence  along 
Capitol  avenue  to  Capitol  Square;  thence  along  Capitol  Square  to 
Hunter  street ;  thence  east  along  the  center  of  Hunter  street  to  Butler 
street;  thence  along  the  center  of  Butler  street  to  the  Georgia  Rail- 
road; thence  along  the  center  of  the  railroad  right-of-way  westward 
to  Whitehall  street  crossing,  shall  be  the  Second  ward. 

Sec.  326.  Commencing  at  the  junction  of  Butler  and  Hunter 
streets,  and  running  thence  along  the  center  of  Butler  street  to  the 
Georgia  Railroad;  thence  east  along  the  Georgia  Railroad  to  the  cor- 
poration line;  thence  along  said  corporation  line  to  Capitol  avenue; 
thence  along  the  center  of  Capitol  avenue  to  Capitol  Square,  and 
thence  along  center  of  Capitol  Square  to  Hunter  street ;  thence  down 
the  center  of  Hunter  street  to  the  beginning  point,  which  shall  be 
known  as  and  constitute  the  Third  ward. 

Sec.  327.  Commencing  at  Butler  street  and  Georgia  Railroad 
track  and  running  east  along  the  center  of  the  Georgia  Railroad  to 
the  corporation  line;  thence  northwardly  along  the  corporation  line 
to  Myrtle  street;  thence  back  along  Myrtle  street  to  North  avenue; 
thence  along  I^^orth  avenue  to  Butler  street ;  thence  along  Butler  street 
to  the  beginning  point  on  the  Georgia  Railroad,  shall  be  the  Fourth 
ward. 

Sec.  328.  Commencing  at  tlie  point  at  whicli  Forsyth  street  crosses 
the  vjiilroad  Iraek:  thence  running  along  the  north  side  of  Western 


Fourth    ward. 


Division   of 
new  extension 
in  1890. 


i 


PaKT    III. — ORDINANCES.  V  Oyc-  ^'^^■ 


and  Atlantic  Eailroad  to  Foundry  street;  thence  along  Foundry  street  j.,jj^jj  ^^^^ 

west  to  the  corporation  line;  thence  nortii  along  the  corporation  lino 

back  across  the  Western  and  Atlantic  Eailroad  to  the  center  of  a  street  Pendcd"iimitr' 

known  as  Apple  street  (in  Peters'  subdivision)  ;  thence  along  Apple  ''*'"'• 

street  to  Williams  street;  thence  along  Williams  street  to  West  Cain 

street;  thence  along  West  Cain  street  to  James  street;  thence  along 

James  street  to  Forsyth  street;  thence  along  Forsyth  street    to    the 

Western  and  Atlantic  Railroad  at  beginning  point,  shall  be  the  Fiftli 

ward. 

Sec.  329.  Commencing  at  the  point  where  Butler  street  crosses 
the  Georgia  Eailroad,  and  running  along  North  Butler  street  to  .sixiu  ward. 
North  avenue;  thence  along  North  avenue  to  Myrtle  street;  thence 
along  Myrtle  street  to  the  corporation  line ;  thence  around  the  corpora- 
tion line  in  a  westwardly  direction  to  a  street  known  as  Apple  sti'eet 
(in  Peters'  subdivision)  ;  thence  along  Apple  street  to  Williams 
street ;  thence  along  Williams  street  to  West  Cain  street ;  thence  along 
West  Cain  street  to  James  street;  thence  along  James  street  to  For- 
syth street;  thence  along  Forsyth  street  to  the  Western  and  Atlantic 
Eailroad,  and  thence  along  the  center  of  the  rights-of-way  of  the  West- 
ern and  Atlantic  and  Georgia  Eailroads  to  the  beginning  point,  shall 
be  the  Sixth  ward. 

Sec.  330.     The  Seventh  ward  embraces  all  of  the  corporate  limits 
of  the  former  City  of  West  End,,  as  defined  in  the  charter  of  West  ^'^"'«^"*h  ^^'■'^- 
End,  and  in  the  Act  providing  for  the  annexation  of  West  End    to 
Atlanta. 


CHAPTEE  III. 


ELECTIONS    FOR    MAYOR,    ALDERMEN    AND    COUNCILMEN. 


Section. 

331.  Annual   municipal   election. 

332.  Mayor's    election. 

333.  Voting    places. 


Section. 

334.  Polls — when   opened. 

335.  Managers— duty. 


Section  331.     The  regular  annual  municipal  election  of  the  City 
of  Atlanta  shall  be  held  on  the  first  Wednesday  in  December  of  each 
and  every  year,  at  which  time  there  shall  be  elected  an  Alderman,  ortion"'' 
Aldermen,  and  one  Councilman  from  each  of  the  seven  wards. 

Sec.  333.  At  the  next  election  held  under  the  foregoing  section  of 
this  ordinance,'  and  bienniallv  thereafter,  there  shall  l)e  elected  a 
Mayor  oi  said  city. 

Sec.  333.     The    voting   places    for   the  several  wards    in  this  city, 


1  Note.— Mayor,  Aldermen  and  Councilmen  ineligible  by  charter  to  re-election  ;  and  also 
ineligible  to  any  other  municipal  office;  but  Councilmen  eligible  for  Aldermen  and 
vice  versa. 

-  When  the  Mayor  is  elected,   the  City  Clerk,  etc.,   are   also  elected   by   the  people. 
(S) 


114 


Part  III. — Ordinances. 


Voting   places. 
March  27,   1899. 


from  and  after  the  passage  of  this  ordinance,  for  all  regular,  special 
or  other  municipal  elections,  or  other  elections  held  by  or  under  the 
avithority  of  this  city,  shall  be  as  follows,  or  as  near  the  places  named 
below  as  suitable  places  for  holding  the  same,  can  be  obtained,  to-wit : 

First  Ward — Corner  Mitchell  and  Forsyth  streets. 

Second  Ward — Chamber  of  Commerce  Building,  corner  Pryor  and 
Hunter  streets. 

Third  Ward — Corner  East  Hunter  and  Fraser  streets. 

Fourth  Ward — Corner  Wheat  and  Jackson  streets. 

Fifth  Ward — Junction  Marietta  and  Walton  streets. 

Sixth  Ward — Corner  Peachtree  and  James  streets. 

Seventh  Ward — Corner  Lee  and  Gordon  streets. 

Sec.  334.  The  polls  shall  be  opened  at  each  of  the  voting 
clock  a.  ]ii.,  and  closed  at  6  o'clock  p.  m.,  on  the  day  of 


Polls,   when 
opened,    etc. 


Clerk    report 
to   General 
Council. 


places  at  7 
election. 

Sec.  335.  The  managers  for  the  several  wards  shall  meet  in  the 
office  of  the  City  Clerk  on  the  day  following  the  election,  at  13  o'clock 
m.,  and  consolidate  the  votes  cast  for  each  office  to  be  filled;  and  the 
Clerk  of  Council  shall  report  this  consolidated  return  to  the  next  meet- 
ing of  the  Mayor  and  General  Council,  and  it  shall  be  entered  on  the 
minutes  of  that  bodv.  wliicli  shall  declare  the  result  of  the  election. 


CHAPTER  IV. 


REGISTRATION  OF  VOTERS. 


Section. 

336.  Registration    required. 

.337.  Tax  Collector   made  Registrar. 

338.  Lists  close   November   25. 

339.  Register — all   who  are   qualified. 

340.  Voter's    oath. 

341.  Removals. 

342.  Tax    Collector   made   City   Registrar- 
ary  of. 


Section. 

343.  Registration  of  voters. 

344.  Books — how  long   kept  open. 

345.  Only  registered   persons  can  vote. 

346.  Transfer  names  in   case   of  removs 

347.  When  books  close. 

348.  Consolidated   list   of  voters. 

349.  Special    elections. 


Registration 
necessary  to 
vote. 


Tax    Collects 
to  register 
voters. 


To  be   sworn 
on    printed 
blanks. 


Section  33G.  No  person  shall  be  allowed  to  vote  at  any  nninicipal 
election  in  the  City  of  Atlanta,  who  shall  not  have  qualified  and 
caused  himself  to  be  registered  as  a  voter  in  the  manner  hereinafter 
]irescribed. 

Sec.  337.  It  shall  he  the  duty  of  the  Tax  Collector  of  Fulton 
county  or  his  assistant  to  register  the  (|ualili('d  voters  of  said  city  as 
they  pay  their  taxes  annually.  For  this  purpose,  he  shall  have 
prepared  printed  blanks,  containing  the  oath  required  of  voters  ])vo- 
posing  to  register,  in  the  form  prescribed  in  this  ordinance;  ami  it 
shall  be  his  duty  lo  administer  to  such  taxpayer  wishing  to  register 
the  required  oath;  and  tlie  voter  shall  sul)seribe  to  said  oath  in  the 
presence  of  such  collector  or  his  assistant,  who  sliall  pivserve  all    of 


Part  III. — Ordinances.  115 


said  affidavits,  and  from  them  shall  compile  a  book  for  each  ward,  pfgg^'/rved  ^^ 
showing  the  names  and  residences  of  the  qualified    voters    for    each  ^"ade^f^m 
ward,  giving  streets  and  numbers,  or  if  no  number,  then  giving  the  ^a^^es  and 
streets  on  each  side.     If  on  an  alley,  giving  streets  on  each  side,  or  ^eswlnce 
nearest  numbers  on  street  in  front.  i|^sts^°  **" 

Sec.  338.  Only  the  names  of  those  taking  such  affidavit  by  the  Ljgtg  close 
25th  day  of  November  in  each  year,  shall  be  placed  on  the  registration  ^°'''  ^^*^' 
books  as  foresaid. 

Sec.  339.     The  Collector,  or  his  assistant,  shall  also  register  muil-  Register  aii 
ified  voters  taking  the  prescribed  oath,  even  if  they  do  not  pay  or  offer  fled'! ''"'  ^"^ '' 
to  pay  the  taxes  of  the  current  year,   and  place  their  names  on  the 
books  of  their  respective  wards,  as  provided  for  in  the  preceding  sec- 
tions. 

Sec.  340.     The    oath    to    be    required    of    voters  registering  their  oath  to  be  re- 

.  .  quired  of  voters 

names  shall  be  in  the  form  following,  to-wit : 

Georgia^  Fulton  County^  City  of  Atlanta. 

I,  .  do  solemnly  swear  that  I  am  a  citizen  of  the  United 

States,  that  I  am  twenty-one  years  of  age,  that  by  the  first  Wednesday 
in  December  next,  or  the  date  of  the  election  next  in  order,  I  will  have  voters'  oath, 
resided  in  the  State  of  Georgia  one  year,  and  in  Fulton  county  six 
months  next  preceding  the  date  aforesaid ;  that  I  am  a  resident  of  the 
City  of  Atlanta,  and  that  I  have  paid  all  legal  taxes  which  have  been 
required  of  me,  and  which  I  have  had  an  opportunity  of  paying,  agree- 
ably to  law  since  the  21st  day  of  December,  1877,  except  taxes  for  the 
present  year ;  so  help  me  God. 

Sworn  to  and  subscribed  before  me  this 

day  of 189—. 

(Sign  here)        

Tax  Collector  and  Registrar. 
No ,     Street Ward 

Sec.  341.     In  case  of  the  removal  of  a  voter  from  one  ward  to  an- 
other, between  the  time   of   registration   and   the  time  for  voting,  it  Removals, 
shall  be  the  duty  of  the  Collector,  or  his  assistant,  to  change  the  name 
of  such  voter  from  the  book  of  the  ward  of  his  former  residence  to  the 
book  for  the  ward  into  which  he  has  removed,  at  his  request. 

Sec.  342.     The  Tax  Collector  of  Fulton  county  is  hereby  appointed  ^^^^^  county 
and  constituted   Registrar  of  voters   for  municipal   elections  to   be  made^cuy''^'"^  ' 
held  hereafter  in  the  City  of  Atlanta,  and  his  salary  as  such  is  fixed  at  Registrar. 
$400.00  per  annum,  payable  in  quarterly  installments.  •^"''^  ^'  ^*^- 

Sec.  343.  All  voters  registering  for  any  such  municipal  elections 
shall  take  and  subscribe  before  such  Registrar  the  oath  prescribed  by 
section  340  of  this  Code,  such  oaths  to  be  made  upon  slips  or  blanks 
prepared  in  accordance  with  Section  337  of  this  Code,  and  from  such 
slips,  said  Registrar  shall  prepare  separate  books  of  registered  voters 


116  Part  III. — Ordinances. 


living  in  each  ward  of  said  city,  and  upon  the  closing  of  such  books  of 
registration  previous    to    any    election,    such  Eegistrar  shall    furnish 
twenty-five  printed  lists  of  such  registered  voters  for  each  ward  to  the 
^msh^printed  Clerk  of  the  Council,  for  use  of  Managers  of  election,  which  lists  shall 
^'®*^^-  be  furnished  at  least  two  (2)  days  prior  to  any  such  election,  at  the 

expense  of  the  city.  All  voters  eligible  for  registration  shall  have  the 
right  of  registration,  not  only  at  the  time  of  paying  taxes,  but  upon 
taking  the  prescribed  oath  at  other  times,  as  provided  for  by  Sections 
337  and  340  of  this  Code. 

Sec.  344.     The  books  for  such  city  registration  shall  be  kept  open 
Books  how  long  Until  and  including  the  25th  day  of  November  in  each  year,  and  then 
kept  open.        closcd,  as  provided  for  in  section  338  of  this  Code,  but  in  case  of  spe- 
cial elections  to  fill  vacancies,  or  on  the  issue  of  bonds,  or  otherwise, 
such  books  of  registration  shall  be  kept  open  until  ten  days  before  the 
date  of  such  election,  and  then  closed. 

Sec.  345.     No  person  shall  be  authorized  or  permitted  to  vote  in 
Only  persons     any  general  or  special  election  ordered  in  said  city  unless  duly  regis- 
reg^steie    can  ^^^^^  -^  ^|^g  books  herein  authorized  to  be  kept,  and  all  persons  so  reg- 
istered shall  be  authorized  and  permitted  to  vote  in  any  election  unless 
challenged  and  rejected  for  legal  cause,  at  any  election. 

Sec.  346.     The  transfer  of  a  voter's  name,  in  case  of  removal  from 

Voters  may  be  one  Ward  to  another  in  said  city,  shall  be  made  by  such  Eegistrar,  pro- 
transferred,  P    1  •     /^    T 
When.              vided  lor  by  section  341  of  this  Code. 

Sec.  347.     The  books  for  registration  of  voters  shall  be  kept  open 

during  office  hours  of  the  Tax  Collector :    Provided,  that  the  books  for 

Wlien   books  ° 

closed.  registration  shall  not  be  kept  open  on  Sunday,  and  shall  not  be  closed 

earlier  than  9  o'clock  p.  m.,  on  the  last  six  days  and  shall  not  be  closed 
more  than  ten  days  before  any  election  in  which  registration  is  re- 
quired. 

Sec.  348.     It  shall  be  the  duty  of  the  registrar  of  voters  for  the  city 

Consolidated  '   ^°  cousolidatc  the  names  of  the  voters  for  each  ward,  and  then  count 

''^'*-  the  numbers  of  registered  voters  and  certify  the  same  for  each  ward  to 

Oct.  10,  181)0.   ^jjg  Mayor  and  General  Council  at  the  first  meeting  after  the  close  of 

each  registration,  and  it  shall  be  entered  on  the  minutes  of  the  Council. 

Sec.  349.  No  person  shall  be  allowed  to  vote  in  any  election  to  fill  a 

Election  to       vacaucy,  or  for  other  purposes,  unless  his  name  appears  properly  reg- 

flii  vacancy.      jgtered,  qualifying  him  to  vote  at  the  last  regular  municipal  election, 

aj  1,  1882.     ^^  unless  he  shall  have  registered  before  such  election  to  fill  vacancy. 


Part  III. — Ordinances. 


117 


CHAPTEE  V. 


MAYOR — MAYOR  TRO  TEM. 


Section. 

350.  Location   of   office. 

351.  Use. 

352.  Pardoning. 

353.  Heads   of   departments   meet   at   noan   ev- 
ery Saturday. 


Section. 

354.  Mayor  may   call   meeting. 

355.  Approval   of  Mayor. 

356.  Mayor's   secretary. 

357.  Mayor  pro  tem. 

358.  Elections  by  General   Counci 


Section  350.     The   Mayor   shall   keep   his   office  at  some  central 
point  of  the  business  portion  of  the  city,  and  shall  have  for  his  office  , 

•^  •' '  Location. 

hours  such  times  of  the  day  as  he  may  designate,  to  be  not  less  than 
three  hours  each  day  (except  Sunday),  during  which  hours,  save  in 
the  event  of  Providential  hindrance,  or  absence  from  the  city  on  offi- 
cial business,  he  shall  be  present  at  said  office.  The  rent  of  said  office 
shall  be  paid  by  the  city. 

Sec.  351.     The  office  of  the  Mayor,  in  the  business  portion  of  the  ^ge 
city,  may  be  used  by  the  City  Treasurer,  if  that  officer  so  desires,  and 
by  various  committees  of  Council. 

Sec.  352.     The  Mayor,  or,  in  his  absence  or  inability,  the  ]\Iayor  Pardonine: 
pro  tern.,  shall  be  authorized  upon  a  proper  case  made  and  in  his  dis-  p°'''^''' 
cretion,  to  remit  a  portion  or  all  of  the  penalty  imposed  by  the  Re-  ^'"'  ^'  ^''*®^" 
corder  for  violations  of  city  ordinances :     Provided,  if  the  fine  in  any  u  $50  or  less 
case  be  fifty  dollars  or  less,  or  the  sentence  to  imprisonment  for  less  recommend«i 
than  "thirty  days,  the  Mayor  shall  hot  entertain  any  application  for   ^ 
executive  clemency,  unless  the  petition  for  pardon  is  accompanied  by    ^^  "'■ 
a  written  recommendation  from  the  Recorder  or  court  trying  the  case. 

Sec.  353.     The  heads  of  the  various  departments  of  the  city  gov- 
ernment, unless  excused  by  the  Mayor,  shall  meet  in  the  Mayor's  office  ev^y  &^aturX°y" 
every  Saturday  at  noon  for  the  purpose  of  discussing  and  determining  June  o,  isoo. 
the  work  to  be  done  bv  each  department  the  following  week.     The  „ 

^_  ■  ^  ^  Mavor    to    set- 

Mayor  shall  preside,  and  in  case  of  disagreement  among  the  heads  the  tie  differences. 
Mayor  shall  decide  between  them. 

Sec.  354.     The  Mayor  shall  have  power  to  call  a  meetino-  of  the„ 

•'  ^  o  Mayor  may 

heads  of  the  departments  at  any  other  time  that  he  may  deem  neces-  ""^^^  meeting, 
sary  for  the  interest  of  the  city. 

Sec.  355.     It  shall  be  the  duty  of  the  Mayor,  or  acting  Mayor,  to  Approval 
transmit  to  each  meeting  of  the  General  Council  his  official  approval  °^  ^^•^■°''- 
or  disapproval  of  all  ordinances,  resolutions  or  other  actions  of  the  **^^  ^''  ^^^^• 
General  Council  at  the  preceding  regular  and  special  meetings  of  such 
General  Council. 

Sec.  356.     Authority  is  hereby  conferred  upon  the  Mayor  of  ap-  Mayor's  sec- 
pointing  in  his  discretion,  a  Secretary  for  the  Department  of  Mayor,  ^^^^^- 
at  a  salary  not  to  exceed  one  thousand  dollars  per  annum,  whose  duties,  IW^^^-'  '''' 
besides  those  as  Secretary  to  the  Mayor,  shall  be  such  as  are  now  per- 
formed by  the  Messenger,  and  in  addition  such  other  duties  as  may. 


118 


Part  III. — Ordixaxces. 


Messenger 
abolished. 


August  18, 
1884. 


from  time  to  time,  be  designated  by  the  Mayor.  The  office  or  position 
known  as  Messenger  is  hereby  abolished. 

Sec.  357.  The  General  Council  shall,  at  the  first  meeting  in  Janu- 
ary of  each  year,  determine  by  viva  voce  vote  which  Alderman  shall  be 
elected  Mayor  pro  tern. 

Sec.  358.  In  all  elections  by  the  General  Council  the  vote  shall  be 
taken  viva  voce  on  the  call  of  the  roll  by  the  clerk,  and  shall  be  en- 
tered on  the  minutes  of  the  General  Council. 


CHAPTEE  VI. 


COMMITTEES. 


Appoint- 
ment 
of  com- 
mittees. 


Section. 

366.  Manufactories.     Freight     Rates 
Transportation   Committee. 

367.  Improvements  Committee. 

368.  Committeemen   must    sign   reports. 

369.  Absence   to  be   reported. 

370.  Prison   Committee. 

371.  Telepliones — liow    distributed. 


Section. 

359.  standing    Committees. 

360.  Tax  Committee. 

361.  Electric  and  Otlier  Railroads  Committee. 

362.  Electric     Lights,     Telegraph     and     Tele- 
phones Committee. 

363.  Finance    Committee. 

364.  Bridge    Committee. 

365.  Minutes  Committee. 

Sectiox  359.  The-  Mayor  shall  appoint  from  the  members  of 
the  General  Council  the  following  Standing  Committees,  for  the  pre- 
paring and  considering  of  business  for  the  action  of  Council,  to  whom 
may  be  referred  such  business  as  the  General  Council  may  deem  appro- 
jjriate,  viz : 

Committee  on  Pinance— seven  members. 

Committee  on  Ordinances  and  Legislation — five  members. 

Committee  on  Streets  and  Sidewalks — seven  members. 

Committee  on  Electric  and  other  Kailroads — five  members. 

Committee  on  Relief. 

Committee  on  Fire  Department. 

Committee  on  Police. 

Committee  on  Cemetery. 

Committee  on  Electric  Lights,  Telegraphs  and  Telephones. 

Committee  on  Public  Buildings  and  Grounds. 

Committee  on  Tax — five  members. 

Committee  on  Public  Schools. 

Committee  on  Printing. 

Committee  on  Sewers  and  Drains. 

Committee  on  Water  Works. 

Committee  on  Contested  Claims  and  Litigation. 

Committee  on  Parks. 

Committee  on  Sanitary  Affairs. 

Committee  on  Salaries. 

Committee  on  Manufactories,  Statistics,  Freight  Rates  and  Trans- 
portation— five  members. 


Part  III. — Ordinances.  119 


Committee  on  Bridges — three  members — and  this  committee  shall 
have  charge  of  the  execution  of  the  work  of  Jaulding  and  repairing 
bridges. 

Committee  on  Prisons. 

Committee  on  Public  Improvements. 

Committee  on  Minutes. 

Board  of  Fi remasters. 

Sec.  360.     From  and  after  the  1st  day  of  January,  1893,  the  stand- 
ing  committee  of  the  General  Council  on  the  subject  of  taxation  known  mittrc. 
as  tlie  Committee  on  Tax,  shall  be  composed  of  five  members  of  tlie  December  23, 

'  ^  1892. 

General  Council,  to  be  appointed  as  other  standing  committ(>es  are 
appointed. 

Sec.  361.     In  lieu  of  the  Committee  on  Electric  Lights  and  Street 
Railroads  now  provided  for  the  Mayor  shall,  beginning  with  tlie  year  [,'^""j"j"^?, 
1893,  appoint  a  standing  committee  of  five  members  from  the  Glener-and^other 
al  Council  to  be  known  and  designated  as  the  Committee  on  Electric 
and  other  Railroads. 

Sec.  362.     The  Mayor  shall  also,  beginning  with  the  year  1893, 
appoint  a  standing  committee  of  five  members  from  the  General  Coun-  on"eTectHc 
cil  to  be  known  as  the  Committee  on  Electric  Lights,  Telegraph  and  ^^^^^^'  ''^''■ 
Telephones. 

Sec.  363.     From  and  after  the  1st  day  of  January,  1893,  the  Fi- 
nance Committee,  to  be  appointed  by  the  Mayor  in  accordance  with  fommhtee. 
the  provisions  of  Section  359  of  this  Code,  shall  consist  of  seven  mem- 
bers of  the  General  Council  instead  of  five  members,  as  heretofore. 

Sec.  364.  A  new  standing  committee  of  the  General  Council  shall 
be  appointed  by  the  Mayor,  with  the  standing  committees  heretofore 
provided  for  by  ordinance.  This  new  committee  to  be  composed  of  three  ^""''"■*' 
members  of  the  General  Council,  and  to  be  known  as  the  Committee  on 
Bridges ;  and  to  this  committee  shall  be  referred  all  ordinances,  reso- 
lutions, petitions,  etc.,  relative  to  the  erection,  maintenance  and  con- 
dition of  the  bridges  built  or  to  be  built  in  the  city. 

Sec.  365.     A  new  standing  committee  is  created  to  be  known  as 

Committee 

the  Committee  on  Minutes,  which  shall  be  composed  of  three  mem-  on  Minutes, 
hers,  of-  whom  at  least  two  shall  read  the  minutes  of  the  Council  after  January  1, 
each  regular  or  special  meeting,  before  the  next  regular  meeting  of 
the  General  Council. 

Sec.  366.     The  standing  committee  on  Manufactories  and  Statis-  oa'",""nu-'^ 
tics  shall  be  hereafter  laiown  as  the  Committee  on  Manufactories,  Sta-  f^'^**'"^*'  ^*^- 
tistics.  Freight  Rates  and  Transportation.     Said  Committee  shall  con-  f/o?"''"  '^' 
sist  of  five  members.  J^lT'^'-'  ''' 

Sec.  367.     A   new  standing  committee  is   hereby   created,   which 
shall  be  known  as  Committee  on    Improvements,    which    shall  have  Jan.  iv,  1894. 
charge  of  all  heavv  excavations  and  grading  to  be  done  in  the  Citv  of 


120 


Part  III. — Ordin^an^ces. 


Reporti 
sign." 


Atlanta,  and  shall  consist  of  four  members  of  Council,  one  member 
of  the  Aldermanic  Board  and  the  Chairman  of  the  Street  Committee. 
•  Sec.  368.  Each  member  of  the  different  standing  committees  is 
hereby  required  to  sign  his  name  in  person  to  all  reports  of  said  com- 
mittee to  the  General  Council. 

Sec.  369.  In  case  of  the  absence  of  any  member  of  the  commit- 
tee so  reporting  it  shall  be  so  stated  when  the  Chairman  makes  his 
report. 

Sec.  370.     A  new  standing  committee  of  the  General  Council  is 

Prisons.  hereby  created,  to  be  known  as  the  Committee  on  Prisons,  which  shall 

July  IS,  1894.   be  charged  with  the  duty  of  investigating  the  condition  of  the  City 

Prisons  and    reporting    thereon,    with    such    recommendations  as  to 

changes,  reform,  etc.,  as  they  may  deem  expedient. 

Sec.  371.  The  location  and  distribution  of  telephones  to  be  fur- 
nished the  several  departments  of  the  government  of  the  City  of  At- 
lanta by  the  Southern  Bell  Telephone  Company,  or  any  other  company. 


Ordinance   to 
locate    and 

ephones  in  City  on  accouut  of  the  City  of  Atlanta  be,  and  is  hereby  placed  under  the 
supervision  of  the  committee  of  the    General    Council    on    Electric 

June   24,    1897.  ^ 

Lights,  Telephones  and  Telegraphs,  subject  to  final    action    by    the 
Mayor  and  General  Council  when  deemed  necessary. 


CHAPTER  VII. 


commission — SIXKIXG    FUND. 


Section. 

372-374.  Preamble. 

375.  Five  members — three  elective — Mayor 
and  Chairman  Finance  Committee  ex- 
oflScio. 

376.  Terms  of  office — vacancies — how  Ijlled. 
379.  Clerk  of  Council  to  keep  records. 
377-378.  Duties  of  Commission. 


Section. 

380.  Accretions    to    fimd. 

381.  Amendable — how. 
382-384.  Preamble. 

385.  $5,000   annually    set   aside. 

386.  Bonds — how   paid   off. 

387.  Addition  to  previous   fund. 


Section  372.     Whereas^  The    Constitution  of    Georgia  requires 

municipal  corporations  issuing  and  selling  their  bonds  after  the  adop 

ing  authority  tiou  of  Said  Coiistitution,  to  Create  a  sinking  fund  for  the  pavment 

to  create   a  o  i     . 

sinking    fund 

commission. 


March  6,  J899. 


of  the  principal  of  said  bonds;  and 

Sec.  373.  WHEREASyThe  law  of  Georgia,  as  published  in  Sections 
758  to  761,  inclusive,  of  the  Code  of  1895,  Volume  I,  empowers  a  city 
to  create  a  commission  for  the  management  of  sinking  funds ;  and 

Sec.  374.  Whereas,  In  the  judgment  and  discretion  of  the  Mayor 
and  General  Council  of  the  City  of  Atlanta,  it  is  desirable  and  proper 
to  create  a  sinking  fund  commission  for  tlie  City  of  Atlanta;  there- 
fore. 

Sec.  375.  A  sinking  fund  commission  for  the  City  of  Atlanta  is 
hereby  created,  in  conformity  to  the  law  of  the  State  cited  in  the  pre- 
amble of  this  ordinance,  which  commission  shall  be  composed  of  three 


Part  III. — Ordinances.  121 


freenolders  of  the  City  of  Atlanta,  and    of    which    the    Mayor    and  ^'^"^^^^'^^^^  *„"{ 
Chairman  of  the  Finance  Committee  shall  be  additional  and  ex-ofTicio  '.rgf^he^Mat-or 

rr>QT>iK<r.T-o  "'"'    Chairman 

meniDers-.  „f  j^e  Finance 

Sec.  376.     The  term  of  office  of  the  elective  members  of  said  com-  ^^""""'"ee. 
mission  shall  be  six,  eight  and  ten  years.     The  M'ayor  and  General 
Council,  at  the  time  of  electing  the  first  members  of  said  commission, 
to  designate  which  member  elected  shall  hold  each  of  the  respective 
terms,  and  all  vacancies  occurring  by  the  expiration  of  the  terms  of  Terms  of 
the  members  first  elected,  shall  be  for  terms  of  ten  years ;  provided,  ° 
that  any  person  who  shall  be  a  member  of  said  commission  shall  va- 
cate   his    office    by    ceasing    to    be    either    a    freeholder    or    a    resi- 
dent   of    the    city    of    Atlanta.     Vacancies    occurring    in    said  com- 
mission,  otherwise   than  by   the   expiration  of  the  term  of  office  for 
which  an  elective  member  has  been  chosen,  shall  be  filled  by  election  Vacancies,  how 
by  the  Mayor  and  General  Council,  for  the  unexpired  term.     The  ex- 
officio  members  of  said  commission  shall  only  hold  during  the  term 
of  their  office  as  Mayor  or  Chairman  of  the  Finance  Committee,  res- 
pectively. 

Sec.  377.  It  shall  be  the  duty  of  the  Sinking  Fund  Commission  to 
organize  immediately  after  their  election,  and  immediately  on  their 
organization,  to  invest  the  funds  now  in  the  sinking  fund  of  the  City  fre^to^^bL  ^in- 
of  Atlanta  in  interest  bearing  bonds  of  the  City  of  Atlanta,  of  the 
State  of  Georgia,  or  of  the  United  States  of  America,  and  afterwards 
to  invest  all  accretions  to  said  sinking  fund  in  the  designated  securi- 
ties. All  bonds  bought  by  the  said  commission  shall  be  registered  as 
the  property  of  the  City  of  Atlanta,  in  accordance  with  the  laws  regu- 
lating the  registration  of  bonds  of  the  City,  State,  or  Federal  Gov- 
ernment. Funds  awaiting  investment  by  the  Sinking  Fund  Commis- 
sion shall  be  kept  in  the  treasury  of  the  City  of  Atlanta,  or  other  des- 
ignated depository  of  the  City  of  Atlanta.  N"o  warrant  shall  be  drawn 
on  the  sinking  fund  account  except  at  the  request  of  the  Sinking  Fund 
Commission,  on  regular  city  vouchers  on  that  fund,  such  vouchers  giv-  How  war- 

'  ^  J  ^  o         rants   are 

ing  an  accurate  description  by  name,  numbers  and  amount  of  the  drawTi. 
bonds  to  be  purchased  for  investment  of  said  sinking  fund,  such  vouch- 
ers to  be  receipted  for  by  the  Sinking  Fund  Commission  in  triplicate, 
the  original  to  be  retained  by  the  City  Comptroller,  the  duplicate  by 
the  Mayor  and  the  triplicate  by  the  Sinking  Fund  Commission.  The 
warrant  based  on  said  vouchers  to  be  signed  by  the  Mayor,  and  coun- 
tersigned by  the  City  Comptroller  and  made  payable  to  the  order  of 
the  Sinking  Fund  Commission.  Then  the  City  Treasurer  is  author- 
ized to  pay  such  warrant.  Whenever  the  Sinking  Fund  Commission 
may  desire  to  change  the  investment  they  have  made,  it  shall  be  com- 
petent for  them  to  do  so,  but  the  money  obtained  by  such  sale  must 
immediately  be  deposited  l)y  them  with  the  City  Treasurer  and  placed 
in  the  sinking  fund  account,  taking  duplicate  receipts,  retaining  the 


122 


Part  III. — Oedinanges. 


Commission 
to   require 
the   Mayor   and 
General    Coun- 
cil to  conform 
to  law. 


Clerk   of  Coun- 
cil  to  be 
Clerk   of   Com- 
mission. 


Records, 
how   kept. 


Interest  and 
premiums  to 
be  added  to 
sinking   fund. 


Respect  in 
which    this 
ordinance  may 
be    amended. 

March  6,  1899. 


Preamble 
reciting    omis- 
sion  to   fiilly 
provide  for  a 
sinking    fund. 

January  21, 


original,  and  reporting  the  transaction  to  the  City  Comptroller,  accom- 
panied with  the  duplicate  receipt  of  the  Treasurer. 

Sec.  378.  It  shall  be  the  duty  of  the  Sinking  Fund  Commission 
to  require  that  the  Mayor  and  General  Council  shall  at  all  times  com- 
ply with  the  requirements  of  the' ordinances,  now  in  force,  creating  a 
sinking  fund,  and  with  any  other  ordinances  that  may  be  hereafter 
passed  enlarging  said  sinking  fund. 

Sec.  379.  The  Clerk  of  Council  of  the  City  of  Atlanta  shall  l)0  the 
clerk  of  the  Sinking  Fund  Commission,  and  shall  keep  minutes  of  its 
proceedings,  and  the  Treasurer  of  the  City  of  Atlanta  shall  keep 
the  accounts  of  said  Sinking  Fund  Commission  on  his  official  books 
as  Treasurer  of  the  City  of  Atlanta,  and  shall  receive  and  l<ecp  an 
account  of  moneys  of  the  City  of  Atlanta  in  the  sinking  fund  provided 
for  the  redemption  of  bonds  separate  from  his  accounts  of  the  general 
funds  of  the  City  of  Atlanta.  In  ample  time  before  the  maturity  of 
any  City  of  Atlanta  bonds,  for  which  payment  has  been  provided  l)y 
the  creation  of  a  sinking  fund,  the  Sinking  Fund  Commission  sliall 
instruct  the  City  Treasurer  to  transfer  a  sufficient  amount  from  the 
sinking  fund  account  to  the  bond  account,  to  pay  such  maturing  bouds; 
and  such  action  to  be  reported  to  the  C-ity  Comptroller  by  the  Sink- 
ing Fund  Commission  and  the  City  Treasurer  the  same  day  such 
transfer  is  ordered. 

Sec  380.  All  accretions  to  said  sinking  fund  from  interest  or 
from  premiums  on  bonds  sold  shall  be  added  to  said  sinking  fund  and 
invested  in  interest  bearing  securities  as  hereinbefore  designated  in  this 
ordinance  by  said  Sinking  Fund  Commission.  Such  accretions,  pre- 
miums or  interest  so  deposited  with  the  City  Treasurer  shall  be  re- 
ported to  the  City  Comptroller  by  the  Sinking  Fund  Commission  and 
the  City  Treasurer  the  same  day  such  deposit  is  made,  with  duplicate 
receipt. 

Sec  381.  This  ordinance  shall  liavc  the  force  and  eflVct  of  law 
and  shall  be  held  and  considered  as  part  of  the  contract  lictwoen  tlie 
City  of  Atlanta  and  the  acceptors  or  holders  of  bonds  sold  by  said 
Sinking  Fund  Commission,  or  of  bonds  hereafter  sold,  to  which  tlio 
sinking  fund  is  applicable,  and  the  City  of  Atlanta  shall  not  altei-  this 
ordinance  except  to  make  provision  for  additions  to  the  sinking  fund 
from  time  to  time,  as  may  be  necessary  to  fully  meet  the  recpiiremeiils 
of  law  with  respect  to  outstanding  bonds  to  be  hereafter  sold. 

Sec  382.  Whereas,  There  has  heretofore  been  an  omission  on 
the  part  of  previous  administrations  of  the  Government  of  the 
City  of  Atlanta  to  fully  comply  with  the  requirements  of  the  Consti- 
tution and  laws  of  the  State  of  Georgia  with  reference  to  the  creation 
and  maintenance  of  a  sinking  fund  for  the  payment  of  tlic  principal 
of  certain  bonds  of  the  City  of  Atlanta,  issued  under  aufliority  of  the 
Constitution  of  1877,  and  statutes  based  thei'eon; 


Part  III. — Ordinances.  123 


Sec.  383.     And  Whereas,  It  has  all  along  been,  and  still  is,  the  p^j^,^  ^^ 


purpose  of  the  government  and  people  of  the  City  of  Atlanta  to  fully  pledged  to 


city 
to 
redeem   bonds. 

comply  with  the  Constitution  and  laws  of  the  State  in  this  rcsjieet, 
and  to  fully  meet  the  just  demands  of  the  holders  of  all  bonds  of  the 
City  of  Atlanta ; 

Sec.  384.  And  Whereas,  A  large  part  of  the  bonded  indebtedness 
of  the  City  of  Atlanta,  which  arose  prior  to  the  adoption  of  the  Con- 
stitution of  1877,  and  which  bears  higher  rates  of  interest  than  those 
at  present  prevailing,  and  which  can  be  lawfully  refunded  at  the  pres- 
ent rate  of  interest,  whereby  an  average  annual  saving  of  more  than 
$33,000.00  can  be  effected  during  the  period  of  twenty-four  years,  at 
the  expiration  of  which,  the  last  outstanding  series  of  bonds  issued 
under  the  Constitution  of  1877  will  mature.  To  the  end  therefore 
that  adequate  provisions  shall  be  made  for  the  payment  of  the  prin- 
cipal of  all  bonds  issued  under  the  Constitution  of  1877  as  they  ma- 
ture : 

Sec.  385.     Beginnino-  -with  the  year  1898,  and  continuing  annuallv  ^ 

°  '^  J  >  o  .  $5,000.00  to- 

through  succeeding  vears  until  and  including  the  vear  1922,  the  sumgether  \^rith  aii 

^  '='   -^  o  .;  ^  sa\angs   of   in- 

of  $5,000.00  shall  be  placed  in  a  sinking  fimd,  and  kept  there,  together  terest  to  be 

'  ^  o  7  1  7        o  annually   plac- 

witli  all  savings  on  account  of  interest  on  the  bonded  debt  of  the  Citv  f*^  i"  sinidng 

o  '    fund. 

of  Atlanta,  resulting  from  the  refunding  of  such  bonded  debt,  or  any 
portion  or  portions  thereof,  in  redemption  bonds  of  said  city,  bearing 
a  lower  rate  of  interest  than  was -paid  on  the  bonds  refunded,  it  being 
estimated  that  such  savings  will  average  during  the  series  of  years 
aforesaid,  the  sum  of  $33,700.00  per  annum. 

Sec.  386.     It  shall  be  the  duty  of  the  Mayor,  City  Comptroller,       ' 
Treasurer  and  the  Finance  Committee  of  the  General  Council  to  pay  ?rrto^°be  Vict 
from  the  sinking  fund  so  provided  for,  the  principal  of  each  and  every  °*' 
series  of  bonds  of  the  City  of  Atlanta  issued  under  authority  of  the 
Constitution  of  1877,  and  laws  pursuant  thereto,  as  such  bonds  ma- 
ture. 

Sec.  387.     The  sinking  fund  hereinbefore  provided  for  shall  be  in  additioTto  pre- 
addition  to  those  heretofore  created  and  at  present  maintained.  funds.  ^^°  ^°^ 

.January  21, 


124 


Part  III. — ORDI^^ANCES. 


CHAPTER  YIII. 


BONDS    OF    THE    CITY. 


Section. 

389.  One  hundred  thousand  dollars  authorized. 

390.  Two    hundred    thousand    dollars      author- 
ized. 

391.  Declares  valid  previous  issue. 

392.  Air-Line  bonds,   $300,000. 

393.  Capitol  purchase,    $100,000. 

394.  Mayor   to   deliver. 

395.  One  hundred  thousand  dollars  authorized. 

396.  One  hundred  thousand  dollars  authorized. 

397.  Redemption  bonds,   $18,000. 

398.  Redemption  bonds,    $52,000. 

399.  To  meet  maturing  bonds. 

400.  Redemption   bonds,    $77, -500. 

401.  To  meet  maturing  bonds. 

402.  To   meet  floating  debt,    $385,000. 

403.  How   prepared   and   issued. 
40*.  Form  of  bond. 

405.  Authorizes  $68,500. 

406.  Form  and  disposition  of. 

407.  $55,000   6  per  cent,   bonds. 

408.  Finance   Committee   to   sell. 

409.  $52,000  6  per  cent,    bonds. 

410.  Treasurer's     signature     lithographed      to 
coupons. 


Section. 

411.  $116,500  8  per  cent,   bonds  authorized. 

412.  $25,000   redemption   bonds,    6   per   cent. 

413.  $25,000  41/^  per  cent,   redemption  bonds. 

414.  $25,000   41^   per   cent,    redemption   bonds. 

415.  $100,000   4   per  cent,    redemption   bonds. 

416.  $25,000  6  per  cent,   bonds. 

417.  $40,000  i  per  cent,   redemption  bonds. 
418-426.  $250,000  4  per  cent,  new  water  bonds. 
427-434.  $182,000  4   per  cent,    water   bonds. 
435.  $140,000  414   per  cent,   redemption  bonds. 
436-441.   .$500,000  4'^  per  cent,   water  bonds. 

442.  $149,000  4%  per  cent,   redemption    bonds. 

443.  .$40,000    redemption    bonds. 
444-449.  Calling  water  bond   election. 
450-466.  $182,000   4   per   cent,    water   bonds. 
467-469.  $50,000     4V2     per     cent,      redemption 

bonds. 
470-471.  $50,000  4  per  cent,   redemption  bonds. 
472-473.  $74,000  4  per  cent,   redemption  bonds. 
474-479.  $300,000  4  per  cent,    refunding  bonds. 
480-  482.  275   bonds  to  be  sold. 
483-487.  Coupon    bonds— how    registered. 


$100,000   au- 
thorized. 


Where  pay- 
able. 


How  signed. 


Section  389.  The  Mayor  is  hereby  authorized  to  issue,  in  the  name 
of  the  Mayor  and  Council  of  the  City  of  Atlanta,  bonds,  in  convenient 
amounts  (not  less  than  five  hundred  dollars),  not  to  exceed  in  the 
aggregate  one  hundred  thousand  dollars,  which  are  to  be  due  as  fol- 
lows :  Thirty-three  thousand  in  fifteen  years  after  date,  and  the  bal- 
ance in  twenty  years  after  date,  and  are  to  be  payable  at  the  National 
Park  Bank,  New  York  City,  with  interest  at  the  rate  of  eight  per 
cent,  per  annum,  payable  semi-annually  at  the  same  place;  which 
bonds  shall  have  attached  to  them  coupons  or  interest  warrants,  and 
be  signed  by  the  Mayor  and  countersigned  by  the  City  Treasurer,  and 
have  the  corporate  seal  of  said  Mayor  and  Council  attached  to  tliem, 
and  said  coupons  shall  be  signed  by  the  City  Treasurer.  The 
City  Treasurer  shall  number  said  bonds  and  keep  a  register  of 
them,  and  return  the  same  to  the  Clerk  of  Council,  who  shall  record 
the  same.  Said  Mayor  is  hereby  authorized  to  put  said  bonds,  or  any 
of  them,  on  the  market  and  sell  them  for  what  he  can  get  for  them, 
and  place  the  proceeds  in  the  hands  of  the  City  Treasurer. 


$200,000    au- 
thorized. 


Sec.  390.  The  Mayor  is  hereby  authorized  to  issue,  in  the  name 
of  the  Mayor  and  Council  of  the  City  of  Atlanta,  bonds  in  convenient 
amounts  (not  less  than  five  hundred  dollars),  not  to  exceed  in  the 
aggregate  two  hundred  thousand  dollars,  which  are  to  be  due  at  any 
time  not  less  than  fifteen  nor  longer  than  twenty-five  years  from  the 
dales  thereof,  in  the  discretion  of  said  Mayor,  and  are  to  be  |)avable 


Pakt  Tir. — Oj{dinances.  125 


-,  with  interest  at  the  rate  of  eight  per  cent,  per  annum,  pay- 


able semi-annuall}'  at  the  same  place,  which  bonds  shall  have  attached 
to  them  coupons,  or  interest  warrants,  and  be  signed  by  the  Mayor 
and  countersigned  by  the  City  Treasurer,  and  have  the  corporate  seal 
of  the  said  Mayor  and  Council  attached  to  them,  and  the  said  coupons 
shall  be  signed  by  the  City  Treasurer.  The  City  Treasurer  shall  num- 
ber said  bonds  and  keep  a  registry  of  the  same,  and  return  the  same  Registry, 
to  the  Clerk  of  Council,  who  shall  record  the  same.  Said  Mayor  and 
Council  are  hereby  authorized,  by  resolution,  to  put  said  bonds,  or 
any  of  them,  through  an  agent  or  otherwise,  on  the  market,  and  dis- 
pose of  the  same,  and  place  the  proceeds  in  the  hands  of  the  City 
Treasurer.  (Another  ordinance,  similar  to  the  above,  was  passed  on 
the  same  day,  for  the  same  amount.) 

Sec.  391.  Whereas,  The  Legislature  of  the  State  did,  by  an  Act 
approved  March  12,  1866,  amend  the  several  acts  incorporating  the  J,!'ror*^°in*^'^* 
City  of  Atlanta,  by  conferring  full  power  and  authority  on  the  ]\Iayor  "^"^  '^''"®- 
and  Council  of  said  city  to  issue  and  negotiate  bonds  for  certain  pur- 
poses therein  named ;  and  whereas,  the  said  Mayor  and  Council  did, 
on  the  16th  day  of  March,  186G,  under  and  by  virtue  of  said  Act, 
adopt  an  ordinance  authorizing  the  Mayor  in  the  name  of  the  Mayor 
and  Council  of  the  City  of  Atlanta  to  issue  and  negotiate  bonds,  in 
convenient  amounts  (not  less  than  five  hundred  dollars),  not  to  ex- 
ceed ill  the  aggregate  one  hundred  thousand  dollars,  to  fall  due  at 
different  times,  therein  specified;  and  whereas,  by  inadvertency  the 
said  Mayor  and  Council,  under  said  ordinance,  have  issued  and  nego- 
tiated bonds  in  excess  of  one  hundred  thousand  dollars,  as  limited  in 
said  ordinance; 

Be  it  therefore  ordained  hij  the  Mayor  and  Council  of  the  City  of 
Atlanta,  That  all  bonds  issued  and  negotiated  under  and  by  virtiie  of  Legalizes 
said  Act  of  the  Legislature  and  the  ordinances  aforesaid,  be,  and   the 
same  are  hereby,  legalized  and  declared  valid. 

Sec.  392.     The  City  of  Atlanta  subscribes  the  sum  of  three  hundred  November 
thousand  dollars  in  city  bonds,  bearing  seven  per  cent,  interest,  to  the  R^soSn, 
stock  of  the  Georgia  Air  Line  Railroad,  in  lieu  of  all  other  subscrip-  Raiiroal  bonds, 
tions,  at  such  times  and  in  such  sums  as  may  be  called  for  by  the  f^^'^i.  ' 
directors  of  said  company. 

Sec.  393.     The  Mayor  is  hereby  authorized  and  required  to  issue,  in 
the  name  of  the  Mayor  and  Council  of  the  City  of  Atlanta,  one  hun-  ftett^capUoi. 
dred  bonds,  of  one  thousand  dollars  each,  to  be  due  and  payable  twenty  |e'?''cent. ' 
years  f rom  Ihe  first  day  of  July,  1870,  and  to  bear  interest  at  the  rate  Aug.  29,  isro. 
of  seven  per  cent,  per  annum.  ])ayable  semi-annually,  on  the  first  day 
of  January  and  July  in  evi'ry  year,  at  the  National  Park  Bank,    in 
the  City  of  Xcw  York,  wliidi  bonds  shall  liave  attached  to  them  cou- 


126 


Part  III. — Ordinances. 


pons  or  interest  warrants,  and  be  signed  by  the  Mayor  and  counter- 
signed by  the  City  Treasurer,  and  have  the  corporate  seal  of  the  Mayor 
and  Council  attached  thereto ;  the  coupons  shall  also  be  signed  by  the 
City  Treasurer,  who  shall  number,  register,  and  return  said  bonds  to 
the  Clerk  of  Council  to  be  entered  on  record. 

Sec.  39-1.  The  Mayor  is  hereby  authorized  to  deliver  said  bonds 
to  the  person  authorized  to  receive  the  same,  in  pursuance  of  the  con- 
tract of  purchase  of  the  State  Capitol. 

Sec.  395.  The  Mayor  is  hereby  authorized  and  required  to  issue 
in  the  name  of  the  Mayor  and  Council  of  the  City  of  Atlanta,  one 
hundred  bonds,  of  one  thousand  dollars  each,  to  be  due  and  payable 
thirty  years  from  the  first  day  of  July,  1871,  and  to  bear  interest  at 
the  rate  of  eight  per  cent,  per  annum,  payable  semi-annually,  on  the 
first  days  of  January  and  July  in  every  year,  at  the  National  Park 
Bank,  in  the  City  of  New  York,  which  l)onds  shall  have  attached  to 
them  coupons,  or  interest  warrants,  and  be  signed  by  the  JNIayor  and 
countersigned  by  the  City  Treasurer,  and  have  the  corporate  seal  of 
the  Mayor  and  Council  attached  thereto.  The  coupons  shall  also  be 
signed  by  the  City  Treasurer,  who  shall  number,  register  and  return 
said  bonds  to  the  Clerk  of  Council,  who  will  enter  the  same  on  record. 
The  Finance  Committee  are  hereby  requested  to  have  the  bonds  exe- 
cuted and  placed  to  best  advantage  as  early  as  practicable.  Issued  by 
Act  of  the  Legislature,  approved  March  12th,  1886.  The  above  bonds 
when  issued,  are  to  be  applied  t(j  the  payment  of  the  floating  debt. 


August   24, 
1871,  $100,000 
authorized. 


Floating   debt 
bonds. 


Act  March  12, 


July  12,    1872, 

$100,000 

20  per  cent. 

twenty   years 

bonds  author- 


Sec.  396.  In  accordance  with  the  power  granted  to  them  in  Sec- 
tion 87  of  the  City  Charter,  the  Mayor  is  hereby  required  to  issue,  in 
the  name  of  the  Mayor  and  Council  of  the  said  City  of  Atlanta,  bonds 
to  the  amount  of  one  hundred  thousand  dollars,  which  shall  be  due 
twenty  years  after  date,  and  payable  at  the  National  Park  Bank,  New 
York  City,  or  at  the  City  Treasurer's  office,  in  the  City  of  Atlanta,  as 
the  Mayor  and  Finance  Committee  may  determine.  Said  bonds  shall 
bear  interest  at  the  rate  of  eight  per  cent,  per  annum,  payable  semi- 
annually, at  the  same  place,  which  bonds  shall  have  attached  to  them 
coupons  or  interest  warrants,  and  be  signed  by  the  ]\Iayor  and  coun- 
tersigned by  the  City  Treasurer,  and  have  the  corporate  seal  of  said 
Mayor  and  Council  attached  to  them,  and  said  coupons  shall  be  signed 
by  the  City  Treasurer.  The  City  Treasurer  shall  number  said  bonds, 
and  keep  a  register  of  them,  and  return  the  same  to  the  Clerk  of 
Council,  who  shall  record  the  same.  Said  bonds  shall  be  sold  undei- 
the  joint  direction  of  his  Honor  the  Mayor  and  the  Finance  Com  mi  t- 
tee,  at  the  best  rates  they  can  get,  they  depositing  the  proceeds  ol'  the 
same  with  the  City  Treasurer,  to  be  used  For  I  he  ])iir]>ost'  of  i»;iying  oil' 
a  part  of  the  floating  debt  of  the  city.  That  three  thousand  ($;i.O(H)) 
doHars  of  citv  bonds  be  issued  and  loaned  to  Hook  and   Ladder  Com- 


Paut  it  I. — Ordinances.  127 


pany  No.  1,  the  samo  to  Ik;  .secured  by  mortgage  on  the  tnick-liouse 
and  lot  of  said  company. 

Sec.  397.     The  Mayor  is  hereby  authorized  to  issue  eighteen  thou- 
sand dollars  in  eight  per  cent,  twenty-eight  year  bonds,  to  take  the  cent,  bond^?"" 
place  of  eighteen  thousand  dollars  outstanding  bonds. 

Sec.  398.  The  Finance  Committee  are  hereby  authorized  and  em- 
powered to  prepare  and  have  issued  fifty-two  thousand  ($52,000)  ^01-1^^'°°°^,^^^)^®"" 
lars  of  coupon  bonds  of  the  City  of  Atlanta,  in  sums  of  one  thousand  i'^^iggl!^*^'"^^'" 
dollars  each,  said  bonds  to  be  signed  by  the  Mayor  and  Treasurer,  and 
countersigned  by  the  (*lerk  of  Council,  who  shall  affix  the  seal  of  the 
city  thereto.  Said  l)onds  shall  be  payable  ten  years  after  September 
1st,  1875,  at  the  Treasurer's  office,  in  the  City  of  Atlanta,  and  shall 
bear  ten  per  cent,  interest  per  annum,  which  shall  be  paid  Dy  semi- 
annual coupons  to  be  attached  to  each  of  said  bonds ;  said  coupons  to 
be  signed  by  the  City  Treasurer,,  and  to  be  payable  at  the  National 
Park  Bank,  in  New  York  City,  or  at  the  City  Treasurer's  office  in 
Atlanta.  Said  bonds  to  be  non-taxable  by  the  city  so  long  as  the  same 
are  outstanding,  and  no  part  of  said  issue  shall  be  sold  for  less  than 
par. 

Sec.  399.     Said  bonds  are  issued  to  meet  maturing  and  outstanding 
bonds  of  the  city  which  will  fall  due  September  1st,  1875,  to-wit :    One  standins  bonds 
hundred  and  fifty  bonds  of  five  hundred  dollars  each,  issued  by  virtue 

■^  '  '  $75,000    author- 

of  an  ordinance  passed  August  18th,  1865,  and  the  Finance  Commit-  ized  August 

18,   1865. 

tee  are  hereby  authorized  to  sell  said  bonds,  or  a  sufficiency  thereof, 
to  meet  said  maturing  bonds  as  early  as  practicable,  and  the  proceeds 
of  the  sale  of  the  bonds  authorized  by  this  ordinance  shall  be  used  for 
the  purpose  of  meeting  said  maturing  bonds  and  no  other. 

Sec.  100.     The  Finance  Committee  are  hereby  authorized  and  em- 
powered to  prepare  and  have  issued  fifty  bonds  of  one  thousand  dol-  bond^^r?" 
lars  each,  and  fifty-five  bonds  of  five  hundred  dollars  each,  of  coupon  twenty  >"  ars 
bonds  of  the  City  of  Atlanta,  amounting  in  all  to  seventy-seven  thou- 1^1877, '^s^per 
sand  five  hundred  dollars,  said  bonds  to  be  signed  by  the  Mayor  and 
Treasurer  and  countersigned  by  the  Clerk  of  Council,  who  shall  affix 
the  seal  of  the  city  thereto.     Said  bonds  shall  be  payable  in  twenty 
years  after  the  first  of  January,  1877,  at  the  Treasurer's  office,  in  the 
City  of  Atlanta,  and  shall  bear  eight  per  cent,  interest  per  annum, 
which  shall  be  paid  by  semi-annual  coupons  to  be  attached  to  each  of 
said  bonds,  and  said  coupons  to  be  signed  by  the  City  Treasurer,  and 
to  be  payal)le  at  the  City  Treasurer's  office  in  the  City  of  Atlanta. 
Said  bonds  to  be  non-taxable  by  the  city. 

Sec.  401.  Said  bonds  are  issued  to  meet  maturing  and  outstanding  r^^  ^^g^^  ,„.,. 
bonds  of  the  city  which  fall  due  January  1st,  1877,  to-wit :  5  Chat-  *"""^  ''^"'''• 
tahoocheo  Bridge  bonds  of  $500.00  each,  passed  by  virtue  of  an  ordi-  is7o. 


128 


Part  III. — Ordinances. 


nance  October  24th,  1856,  and  75  Fair  Ground  bonds,  $1,000.00  each, 
passed  by  virtue  of  an  ordinance  March  7th,  1870,  and  the  Finance 
Committee  are  hereby  authorized  to  sell  said  bonds  to  meet  said  ma- 
turing bonds,  and  the  proceeds  of  the  sale  of  the  bonds  authorized  by 
this  ordinance  shall  be  used  for  the  purpose  of  said  maturing  bonds, 
and  no  other.  Said  ordinance  being  in  full  conformity  with  an  act 
passed  by  the  General  Assembly  of  Georgia,  February  28th,  1874,  and 
embraced  in  Section  32  of  the  City  Charter  of  Atlanta,  Georgia. 


Bonds   to   be 
prepared 
amounting  to 

$385,000, 
6  per  cent. 

October    1, 

1879. 

Act  Aug.   22, 

1879. 

Denomina- 
tions. 


Rate   of  inter- 
est. 


How    payable. 


Bonds — when 
due. 


Non-taxable 
by  the  city. 
Payment   to   be 
provided  for 
by  taxation. 


Coupons. 


Must  sell 
for  par. 


Finance    Com- 
mittee shall 
sell. 

I'roceeds  to 
pay  floating 
debt. 


One  bond 
of  each  de- 
nomination  to 
be   retained. 


Sec.  402.  The  Finance  Committee  are  hereby  instructed  to  have 
prepared  for  issuance  bonds  of  the  City  of  Atlanta  to  the  amount  of 
three  hundred  and  eighty-five  thousand  ($385,000)  dollars,  to  be  of 
denominations  as  follows :  Two  hundred  bonds  of  two  hundred  and 
fifty  dollars  each,  making  fifty  thousand  dollars;  four  hundred  and 
seventy  bonds  of  five  hundred  dollars  each,  making  two  hundred  and 
thirty-five  thousand  dollars ;  one  hundred  bonds  of  one  thousand  dol- 
lars each,  making  one  hundred  thousand  dollars.  Said  bonds  to  bear 
date  October  1st,  1879,  (which  is  as  soon  as  the  same  can  be  pre])ared) . 
and  shall  bear  six  per  cent,  interest,  payable  by  semi-annual  coupons, 
except  one  coupon  to  each  bond  for  three  months,  to- wit :  from  the  1st 
day  of  October,  1879,  to  1st  day  of  January,  1880.  Twenty-five  thou- 
sand dollars  in  amount  of  said  bonds  shall  fall  due  January  1st,  1886, 
and  an  equal  amount  on  the  1st  of  January  of  each  of  the  immediately 
succeeding  four  years.  Forty  thousand  dollars  on  January  1st,  1891, 
and  an  equal  amount  on  the  1st  of  January  of  each  of  the  immediately 
succeeding  three  years.  Fifty  thousand  dollars  on  the  1st  of  January, 
1895,  and  fifty  thousand  dollars  January  1st,  1896.  Said  bonds  shall 
be  non-taxable  by  the  city,  and  the  Mayor  and  General  Council  shall 
provide  each  year  by  taxation  for  the  payment  of  the  principal  and 
interest  of  the  said  bonds  as  the  same  shall  fall  due.  Said  bonds  shall 
be  signed  by  the  Mayor  and  Treasurer  and  countersigned  by  the  Clerk 
of  Council,  who  shall  affix  the  city  seal  to  eacli  bond,  and  the  said 
Treasurer  and  said  Clerk  shall  each  keep  in  their  respective  offices  a 
complete  record  of  said  bonds  as  signed  aforesaid.  The  name  of  the 
City  Treasurer  shall  be  lithographed  to  each  coupon.  The  city  shall 
not  sell  said  bonds  or  any  portion  of  them  below  par. 

Sec.  403.  After  said  bonds  have  been  prepared  in  accordance  witli 
the  foregoing  section,  the  Finance  Committee  shall  proceed  to  sell  the 
same,  and  the  proceeds  shall  be  immediately  used,  as  said  bonds  are 
sold,  in  paying  off  the  present  floating  debt  of  the  city,  and  for  no  other 
purpose  whatever.  Tne  Finance  Committee  shall  report  to  each  reg- 
ular meeting  of  the  Council  the  sale  of  bonds  made  up  to  the  date  of 
each  report,  the  date  of  sale,  amount  of  each  special  sale,  and  price  at 
which  sold.  The  Finance  Committee  shall  caiisc  to  be  preserved  in 
the  Treasurers  office,  unsigned,  one  bond  of  each  donomiiialicMi   for 


Part  III. — Oudinaxces.  129 


future  identification,  which  bond  shall  have  the  proper  place  for  sig- 
nature so  punched  as  to  prevent  use  of  the  same. 

Sec.  404.     Said  bonds  shall  have  the  following  form : ' 

State  of  Georgia — City  of  Atlanta. 

FUNDING  bond. 

Issued  to  pay  off  the  floating  debt.     The  City  of  Atlanta,  in  the  State 
of  Georgia,  hereby  acknowledges  itself  bound  and  indebted  to    the 

liolder  hereof,  in  the  sum  of dollars,  for  value  received,  which 

said  city  hereby  promises  to  pay,  at  the  ISTational  Park  Bank,  in  the  Form  of 
City  of  New  York,  or  at  the  Treasurer's  office,  in  the  City  of  Atlanta, 
on  the day  of with  interest  at  the  rate  of  six  per  cent,  per  an- 
num, payable  on  presentation  and  surrender  of  semi-annual  coupon, 
and  one  three  months'  interest  coupons  hereto  attached,  at  said  bank 
or  Treasurer's  office.  This  is  one  of  the  series  of  bonds  issued  in  pur- 
suance of  an  ordinance  adopted  by  the  Mayor  and  General  Council  of 
the  City  of  Atlanta,  September  1st,  1879,  in  pursuance  of,  and  in  con- 
formity to,  an  Act  of  the  General  Assembly,  approved  August  22d, 
1879,  which  authorizes  the  City  of  Atlanta  to  issue  bonds  to  the 
amount  of  three  hundred  and  eightj'-five  thousand  dollars,  to  fund  the 
floating  debt  of  said  city,  and  is  non-taxable  by  the  city.  For  the  pay- 
ment of  the  principal  and  interest  of  said  bonds,  the  faith  and  credit 
of  the  City  of  Atlanta  is  hereby  irrevocably  pledged.  In  testimony 
whereof  the  Mayor  and  General  Council  of  the  City  of  Atlanta,  have 
caused  this' obligation  to  be  signed  by  the  Mayor  and  Treasurer  of  said 
city,  and  required  the  Clerk  of  Council  to  countersign  the  same  and 
affix  the  seal  of  the  city  thereto. 

Sec.  405.     The  Finance  Committee  is  instructed  to  have  prepared 
at  once  sixty-eight  thousand  five  hundred  dollars  coupon  bonds  as  fol-  Authorized 
lows :     Sixty-eight  bonds  of  one  thousand  dollars  each,  and  one  bond  5  per  cent., 
of  five  hundred  dollars ;  said  bonds  to  be  due  thirty  years  after  date.  i9ii- 
To  bear  date  July  1,  1881,  and  due  July  1.  1911.     Coupons  payable  J^'r  i- i8«i- 
semi-annually  first  of  Jiily  and  first  of  January,  to  bear  interest  at  the 
rate  of  five  (5)  per  cent,  per  annum.     Bonds  and  coupons  payable  in 
New  York,  or  Treasurer's  office  in  City  of  Atlanta,  and  to  be  free  from 
all  city  taxes.     Bonds  to  be  signed  by  the  Mayor  and  Treasurer,   and 
countersigned  by  the  Clerk  of  Council,  affixing  thereto  the  seal  of  said 
city. 

Sec.  40G.     The  coupons  attached  to  bonds  to  be  signed  by  the  Treas-  y^^,^^^  ^^^ 
urer  of  the  city.     The  above  bonds  to  be  sold  and  the  proceeds  applied  ^'isposition 
to  the  redemption  of  the  following  bonds  falling  due  July  1,  1881,  pav- 
able  at  the  National  Park  Bank,  New  York.     Forty-two  (42)  bonds 
one  thousand  dollars  each,  and  fifty-three   (53)   bonds  five  hundred 
dollars  each,  all  dated  May  15,  1866.  bearing  interest  at  eight  per  cent., 

i9, 


130 


Pai;t  ITT. — Ordin'axces. 


City  bonds, 

for  $55,500 

a  per  cent. 

Act   Sept.    20, 

1883. 

January    1, 

1884. 

Due    in   tliirty 

years. 


How  signed. 


Where    paya- 
ble. 


To   sell. 
October 


To  be  paid 
the  State  of 
Georgia   on 
account 
new   Capitol. 


$52,000,    re- 
demption bondr 
6  per  cent. 
July  6,    1885. 
Due    in    thirty 
years. 


amounting  in  all  to  sixtA'^-eight  thousand  five  hundred  ($68,500)  dol- 
lars. 

Sec.  407.  The  Finance  Committee  are  hereby  instructed  to  h.a\c 
prepared  for  issuance  bonds  of  the  City  of  Atlanta,  to- wit :  One  hun- 
dred and  eleven  bonds  of  the  denomination  of  five  hundred  dollars 
each,  making  fifty-five  thousand  five  hundred  dollars.  Said  bonds 
shall  bear  date,  January  1,  1884,  and  shall  bear  six  per  cent,  interest, 
payable  by  semi-annual  coupons,  viz :  First  of  January  and  July  each 
year,  and  shall  be  due  thirty  years  from  date.  Said  bonds  sail  be  non- 
taxable by  the  city,  and  the  Mayor  and  General  Council  shall  provide 
by  taxation  for  the  payment  of  the  interest  coupons,  and  for  the  pay- 
ment of  the  principal  of  the  said  bonds  when  the  same  shall  mature. 
Said  bonds  shall  be  signed  by  the  Mayor  and  Treasurer,  and  counter- 
signed by  the  Clerk  of  Council,  who  shall  affix  the  seal  of  the  city  to 
each  bond,  and  the  said  Treasurer  and  said  Clerk  shall  keep  in  their  of- 
bond,  and  the  said  Treasurer  and  said  Clerk  shall  keep  in  their  offices 
fices  a  complete  record  of  said  bonds  as  signed.  The  name  of  the  City 
Treasurer  shall  be  litliographed  to  each  coupon,  and  said  coupons 
shall  be  made  payal)le  in  Atlanta  and  Xew  York.  Said  bonds  or  any 
portion  of  them  shall  not  be  sold  below  par.  The  said  bonds  shall  be 
of  such  form  as  the  Finance  Committee  may  direct,  and  shall  be  made 
payable  in  iVtlanta  or  ISTew  York. 

Sec.  408.  After  said  bonds  have  been  prepared  in  accordance  with 
the  foregoing  section,  the  Finance  Committee  shall  proceed  to  sell  the 
same,  and  the  proceeds  of  such  sale  shall  be  immediately  paid  to  the 
proper  representative  of  the  State  of  Georgia,  in  compliance  with  the 
agreement  heretofore  made  by  the  City  of  Atlanta  to  pay  the  said 
State  of  (icorgia  the  value  of  the  old  capitol  Imildings  at  Milledgeville, 
or  ])e  used  in  replacing  bonds  already  appointed  for  such,  in  the  event 
said  contract  should  have  to  be  complied  with  before  the  above  bonds 
can  1)0  sokl,  and  for  no  other  purpose  whatever. 

Sec.  40!).  The  Finance  Committee  is  instructed  to  have  prepared 
at  once  fifty-two  tliousand  dollars  of  coupon  bonds,  as  follows :  Fifty- 
two  bonds  of  one  thousand  dollars  each,  or  that  amount  in  such  other 
denominations  as  the  committee  may  think  best ;  said  bonds  to  be  due 
in  thirty  years  after  date,  and  to  bear  date  of  September  1,  1885,  and 
t\\\i'  S('])tcinh('r  1,  1!»1.").     The  coupons  payable  semi-annually,  1st  of 


.hilv  and  1st  of  -lanuary,  to  bear  interest  at  not  more  than  six  per 
cent.  jxT  aiinuni.  Said  bonds  and  coiiitons  |o  \)v  ])ayal)le  in  Xew 
York  Cit\-.  or  a(  the  'I'rcasurei-'s  ollii-c  in  the  City  of  .\tlanta.  and  to 
he  free  from  citv  taxes.  Said  bonds  to  he  signed  by  the  iMayor  and 
Treasurer  and  countersigned  by  the  Clerk  of  Council,  atlixing  thereto 
I  he  seal  of  said  city.  'I'he  coupons  attached  to  said  bonds  to  he  signed 
by  the  Treasurer  of  said  city.  Said  bonds  are  to  he  sold  and  the  )vro- 
ceeds  applied  to  the  redemption  of  fifty-two  bonds  of  said  city  for  one 


Part  III. — Okdixances.  131 


thousand  dollars  each,  falling  due  September  1,  1885,  and  dated  Sep- 
tember 1st.  1S75,  bearing  interest  at  the  rate  of  ten  per  cent,  per  an- 
num. 

SiX'.  410.     The  ordinance  adopted  by  this  bodv  July  (Jtli  instant, 
authorizing  the   issuance   of   fifty-two   thousand   dollars   redemption  J^^J^|"^^'"'^e 
bonds,  is  amended  in  the  following  particular.     That  the  clause  in  ',o''c?uponI^to 
said  ordinance  requiring  the  coupons  to  said  bonds  to  be  signed  by  the  bonds.^''°" 
Treasurer  be  changed  so  as  to  require  that  said  coupons  have  the  signa-  jui^  20,  i885. 
ture  of  the  City  Treasurer  lithographed  thereon,  instead  of  his  sign- 
ing same. 

Sec.  411.     The  Finance  Committee  i.'^  instructed  to  have  prepared 
one  hundred  and  sixteen  thousand  live  hundred  dollars  of  coupon  sii6,.5oo  coupon 
lx)nds,  as  follows :     Eighty-nine  bonds  of  one  thousand  dollars  each,  February  1, 
and  fiftv-five  bonds  of  five  hundred  dollars  each,  or  such  other  denom-  Due  in  thirty 

.years. 

inations  as  the  committee  may  think  best ;  said  bonds  to  be  due    in " 
thirty  years  after  date,  and  to  bear  date  of  July  1,  1886,  and  due  July 
1,  1910.     The  coupons  payable  semi-annually,  1st  July  and  1st  Jan- 
uary, for  the  interest  at  not  more  than  five  per  cent,  per  annum.    Said 
bonds  and  coupons  to  be  payable  in  Xew  York  City,  or  at  the  Treas- 
urer's office  in  the  City  of  Atlanta,  and  to  be  free  from  city  taxes. 
Said  bonds  to  be  signed  by  the  Mayor  and  Treasurer  and  counter-  Redemption, 
signed  by  the  Clerk  of  Council,  affixing  thereto  the  seal  of  the  city. 
The  coupons  attached  to  said  bonds  to  have  the  name  of  the  Treasurer 
lithographed  thereon.     Said  bonds  to  be  sold  under  the  direction  of 
the  Finance  Committee,  and  the  proceeds  applied  to  the  redemption 
of  89  bonds  of  $1,000.00  each,  and  55  bonds  of  .$.500.(10  each,  aggre- 
gating $116,500  (one  hundred  and  sixteen  thousand  five  hundred  dol- flsT''''^  ^' 
lars)  falling  due  .htly  1.  1S8().  and  dated  May  15.  1866.  ])oaring  inter- 
est at  the  rate  of  eight  per  cent,  per  annum. 

Sec.  41"2.     The  Finance  Committee  is  instructed  to  have   prepared 
twenty-five  thousand  dollars  of  coupon  bonds,  as  follows :     Twenty-  ^  ^  . 
five  bonds  of  one  thousand  dollars  each :  said  bonds  to  be  due  and  pay-  ^^"<^^ 


demption 

bonds 

30   years,    m 

per  cent. 

December   28, 


due  January  1,  1917,  the  coupons  to  be  payable  semi-annually  on  the  ^^^'^■ 
1st  January  and  1st  July  for  the  interest  on  same  at  four  and  one-half 
(4I/2)  per  cent,  per  annum.     Said  bonds  and  coupons  to  be  payable 
in  New  York  City,  or  at  the  Treasurer's  office  in  the  City  of  Atlanta, 
and  to  be  free  from  city  taxes.     Said  bonds  to  be  signed  by  the  Mayor 
and  Treasurer,  and  countersigned  by  the  Clerk  of  Council,  affixing  Finance  com- 
thereto  the  seal  of  the  city.     The  coupons  attached  to  said  bonds   to  ^'"ot  less**" 
have  the  name  of  the  Treasurer  lithographed  thereon.     Said  bonds  to  *''""  ^"' 
be  sold  under  the  direction  of  the  Finance  Committee,  and  the  pro- 
ceeds applied  to  the  redemption  of  one  hundred  bonds  of  two  hundred 
and  fifty  dollars  each,  aggregating  twenty-five  thousand  dollars,  known 


132 


Part  III.— Ordhstaxces. 


as  funding  bonds,  falling  due  January  1,  1887,  and  dated  October  1, 
1879,  bearing  interest  at  the  rate  of  six  (6)  per  cent,  per  annum.  Said 
bonds  to  be  sold  at  not  less  than  par. 


$25,000    re- 
demption 
bonds. 

Thirty  years, 
4%  per  cent. 
Novenaber  7, 
1887. 


Finance  Com- 
mittee to  sell 
at  not.  less 
than    par. 


Sec.  413.  The  Finance  Committee  is  instructed  to  have  prepared 
twenty-five  thousand  dollars  of  coupon  bonds  as  follows :  Fifty  bonds 
of  five  hundred  dollars  each;  said  bonds  to  be  due  and  payable  in 
thirty  years  after  date  and  to  bear  date  January  1,  1888,  and  due  Jan- 
uary 1,  1918;  the  coupons  to  be  payable  semi-annually  on  the  1st  July 
and  January  for  interest  on  same  at  four  and  one-half  (414)  per  cent, 
per  annum.  Said  bonds  and  coupons  to  be  payable  in  aSTew  York,  or 
at  the  Treasurer's  office  in  the  City  of  Atlanta,  and  to  be  free  from 
city  taxes.  Said  bonds  to  be  signed  by  the  Treasurer,  and  counter- 
signed by  the  Clerk  of  Council,  affixing  thereto  the  seal  of  the  city. 
The  coupons  attached  to  said  bonds  to  have  the  name  of  the  Treasurer 
lithographed  thereon.  Said  bonds  to  be  sold  under  the  direction  of 
the  Finance  Committee,  and  the  proceeds  applied  to  the  redemption  of 
fifty  bonds  of  five  hundred  dollars  each,  aggregating  twenty-five  thou- 
sand dollars,  known  as  funding  bonds,  falling  due  January  1.  1888, 
and  dated  October  1,  1879,  bearing  interest  at  the  rate  of  six  (6)  per 
cent,  per  annum.     Said  bonds  to  be  sold  at  not  less  than  par. 


$25,000    re- 
demption 
bonds. 

Thirty  years 
4%  per  cent. 
November  5, 


Sec.  414.  The  Finance  Committee  is  instructed  to  have  prepared 
twenty-five  thousand  dollars  of  coupon  bonds  as  follows :  Fifty  bonds 
of  five  hundred  dollars  each;  said  bonds  to  be  due  and  payable  in 
thirty  years  after  date,  and  to  bear  date  January  1,  1889,  and  due  Jan- 
uary 1,  1919.  The  coupons  to  be  payable  semi-annually  on  the  1st  of 
July  and  January,  for  the  interest  on  same  at  four  and  one-half  per 
cent,  per  annum.  Said  bonds  and  coupons  to  be  payable  in  Xew 
York  or  at  the  Treasurer's  office  in  the  City  of  Atlanta,  and  to  be  free 
from  city  taxes.  Said  bonds  to  be  signed  by  the  Mayor  and  Treasurer 
and  countersigned  by  the  Clerk  of  Council,  affixing  thereto  the  seal  of 
the  city.  The  coupons  attached  to  said  bonds  to  have  the  name  of  the 
Treasurer  lithographed  thereon.  Said  bonds  to  be  sold  under  the  di- 
rection of  the  Finance  Committee,  and  the  proceeds  applied  to  the 
redemption  of  fifty  bonds  of  five  hundred  dollars  each,  aggregating 
twenty-five  thousand  dollars,  known  as .  funding  bonds,  falling  due 
January  1,  1889,  and  dated  October  1,  1879,  bearing  interest  at  the 
rate  of  six  per  cent,  per  annum.  Said  bonds  to  be  sold  at  not  less 
than  par. 


$100,000    re- 
demption 
bonds. 

Thirty    years 
4   per  cent. 
October  8, 


Sec.  415.  The  Finance  Committee  is  instructed  to  lia\c  |)repared 
one  hundred  bonds  of  one  thousand  dollars  each;  said  bonds  to  he  due 
and  payable  in  thirty  years  after  date,  and  to  bear  date  January  1, 
1890,  and  due  January  1,  1920.  The  coupons  to  be  payable  semi- 
annually, on  the  first  of  July  and  Januai-y.  for  tlie  inter(>st  on  the 


Part  III. — Ordinances.  133 


paiiie  at  I'our  per  cent,  per  annum,  said  bonds  and  coupons  to  be  pay- 
able in  New  York,  or  at  the  Treasurer's  office  in  the  Gity  of  Atlanta, 
and  to  be  free  from  city  taxes;  said  bonds  to  be  signed  by  the  Mayor 
and  Treasurer  and  countersigned  by  the  Clerk  of  the  Council,  affix- 
ing thereto  the  seal  of  the  city.  The  coupons  attached  to  said  bonds  ^'=*-  ^'  ^^^^• 
to  liave  the  name  of  the  Treasurer  lithographed  thereon.  Said  bonds 
to  be  sold  under  the  direction  of  the  Finance  Committee  and  the  pro- 
ceeds applied  to  the  redemption  of  one  hundred  bonds  of  one  thou- 
sand dollars  each,  known  as  "State  House  Bonds,"  falling  due  Janu- 
ary 1,  1890,  and  dated  October  29,  1870,  bearing  interest  at  the  rate 
of  seven  per  cent,  per  annum. 

Sec.  416.     Also  fifty  bonds  of  five  hundred  dollars  each,  known  as  ,^_ 
"Funding  Bonds,"  falling  due  January  1,  1890,  and  dated  October  1,  domption 
1879,  bearing  interest  at  the  rate  of  six  per  cent,  per  annum.     These  Eleven  years 

'^  r  X  6  per  cent. 

two  lots  of  bonds  aggregating  one  hundred  and  twenty-five  thousand 
dollars;  said  bonds  to  be  sold  at  not  less  than  par. 

Sec.  417.     The  Finance  Committee  is  instructed  to  have  prepared 
forty  thousand  dollars  of  coupon  bonds,  as  follows :     Forty  bonds  of  $4o,ooq  re- 
one  thousand  dollars  each,  aggregating  forty  thousand  dollars.     Said  bonds  au- 

^^      <^  ^  -^  thorized. 

bonds  to  be  due  and  payable  in  thirty  years  from  date,  and  to  bear  llgX'^'"^^'"  ^' 
date  January  1,  1891,  and  due  Januarv  1,  1921;  the  coupons  to  be  Twty  years 

•'       '  ^  .        '  J  r  4  per  cent. 

payable  semi-annually,  on  the  first  day  of  July  and  January,  for  the 
interest  on  the  same,  at  four  per  cent,  per  annum.  Said  bonds  and 
coupons  to  be  payable  in  New  York,  or  at  the  City  Treasurer's  office 
in  the  City  of  Atlanta,  and  to  be  free  from  city  taxes;  said  bonds  to 
Ije  signed  by  the  Mayor  and  Treasurer  and  countersigned  by  the  Clerk 
of  Council,  affixing  thereto  the  seal  of  the  city;  the  coupons  attached 
to  said  bonds  to  have  the  name  of  the  City  Treasurer  lithographed 
thereon.  Said  bonds  to  be  sold  under  the  direction  of  the  Finance 
Committee  of  this  body,  and  the  proceeds  thereof  applied  to  the  re- 
demption of  eighty  bonds  of  five  hundred  dollars  each,  known  as  bonds 
to  fund  the  floating  debt,  falling  due  January  1,  1891,  and  dated 
October  1,  1879,  bearing  interest  at  the  rate  of  six  per  cent,  per  annum. 
Said  bonds  to  be  sold  at  not  less  than  par. 

Sec.  418.     Whereas,  It  has  been  deemed  necessary  by  the  City  of  ^^soooo 
Atlanta  to  enlarge  the  water  supply  of  said  city,  and  to  expend  in  such  ^^^^f^ 
necessary  enlargement  at  least  the  sum  of  two  hundred  and  fifty  thou-  December  i9 
sand  dollars;  is^o- 

Sec.  419.  And  Whereas,  The  money  is  not  in  the  treasury  of  said 
city  to  pay  for  such  enlargement  of  the  water  supply,  and  cannot  be 
raised  for  present  use  by  taxation  under  the  limitations  in  the  city 
charter ; 

Sec.  420.     And  Whereas,  The  debt  of  said  citv  does  not  amount 


134 


Part  III. — Ordixaxces. 


to  seven  per  centrim  of  the  value  of  the  taxable  property  therein,  and 
may  be  increased  in  the  sum  of  two  hundred  and  fifty  thousand  dol- 
lars, without  reaching  the  seven  per  cent,  limit  fixed  by  the  State  Con- 
stitution ; 

Sec.  421.  And  Whereas^  The  Mayor  and  General  Council  afore- 
said desire  to  issue  two  hundred  and  fifty  thousand  dollars  of  the  four 
per  cent,  bonds  of  said  city,  to  run  not  exceeding  thirty  years,  and  to  be 
paid  off,  principal  and  interest,  by  the  time  of  their  maturity,  to  be 
sold  for  the  purpose  of  realizing  the  sum  of  two  hundred  and  fifty 
thousand  dollars,  to  be  expended  in  enlarging  the  water  supply  of  said 
city;  and  assent  of  the  people  being  necessary  to  the  validity  of  such 
issue  of  bonds,  the  said  Mayor  and  General  Council  called  an  election 
to  determine  whether  the  issue  of  bonds  as  aforesaid  should  be  made, 
and  after  full  notice  to  the  voters  of  said  city,  published  as  required  by 
law,  the  election  was  held  in  conformity  with  the  Constitution  and 
laws  of  the  State  of  Georgia  and  the  charter  and  ordinances  of  the  City 
of  Atlanta,  to-wit:  On  the  14th  day  of  October,  1890;  and  it  appear- 
ing from  the  returns  made  by  the  manager  of  said  election  to  the 
Mayor  and  General  Council  that  the  requisite  two-thirds  of  the  quali- 
fied voters  of  said  city  voted  in  favor  of  the  issue  of  bonds,  as  afore- 
said ; 

Sec.  422.  Therefore,  ordained.  That  two  hundred  and  fifty  bonds 
of  the  City  of  Atlanta,  of  the  denomination  of  one  thousand  dollars 
each,  bearing  interest  at  the  rate  of  four  per  centum  per  annum,  shall 
be  prepared  by  the  Mayor,  Clerk  of  Council,  Comptroller  and  Treas- 
urer of  said  city,  and  shall  be  sold  by  the  Finance  Committee  to  raise 
the  sum  of  two  hundred  and  fifty  thousand  dollars,  to  be  expended  in 
enlarging  the  water  supply  of  the  City  of  Atlanta. 

Sec.  423.  Of  the  bonds  aforesaid,  fifty  shall  mature  and  be  paid 
off,  principal  and  interest,  at  the  expiration  of  ten  years  from  the 
date  of  their  issue.  Fifty  more  shall  mature  and  be  paid  off,  princi- 
pal and  interest,  at  the  expiration  of  fifteen  years  from  the  date  of 
their  issue.  Fifty  more  shall  mature  and  be  paid  off,  principal  and 
interest,  at  the  expiration  of  twenty  years  from  the  date  of  their  issue. 
Fifty  more  shall  mature  and  be  paid  off,  principal  and  interest,  at  the 
expiration  of  twenty-five  years  from  date,  of  their  issue.  And  the  re- 
maining fifty  shall  mature  and  be  paid  off,  principal  and  interest,  at 
the  expiration  of  thirty  years  from  the  date  of  their  issue ;  so  that  the 
whole  issue  of  two  hundred  and  fifty  thousand  dollars  shall  be  paid 
off,  principal  and  interest,  within  thirty  years  from  date  of  issue,  as 
required  by  the  Constitution  and  laws  of  Georgia. 

Sec.  424.  The  interest  on  the  issue  of  bonds  hereinbefore  provided 
for  shall  be  evidenced  by  coupons  attached  to  said  bonds  and  properly 
signed,  as  in  previous  issues  of  bonds  of  said  City  of  Atlanta,    and 


4  per  cent, 
bonds   to 
raise  $250,000 
ordered   so\A. 


When  bonds 
mature  and 
how    paid    off. 


Coupons. 


I'aKT    111. Olx'DJ  NANCES.  135 


be  payable  semi-annually  at  the  office  of  the  City  Treasurer  of  Atlanta, 
Georgia,  and  in  the  City  of  New  York. 

Sec.  425.     An  annual  tax  shall  be  levied,  beginning  with  the  year 
1891,  and  continuing  yearly  until,  and  including,  the  year  1920,  upon '/j^^'e^^jj^u, 
the  taxable  property  in  said  city,  and  sufficient  in  amount  to  pay  the  " "re's't^  and  'to 
yearly  interest  on  the  whole  issue  of  bonds  aforesaid,  and  also  to  pay  fng^fund?  '''"'^ 
the   one-thirtieth   part  of   said  issue  of  bonds,   and   the   proceeds   of 
such  tax  remaining,  after  paying  the  interest  each  year,  shall  be  paid 
into  the  "sinking  fund,  to  be  kept  by  the  City  Treasurer  until  date  of 
maturity  of  the  installments  of  bonds,  as  provided  for  in  Section  421) 
by  said  Treasurer  from  the  sinking  fund  aforesaid;  provided,  Iwir- 
ever.  That  the  annual  tax  rate  of  one  and  one-half  per  centum  per  an- 
num, fixed  by  the  charter,  shall  not  be  exceeded  because  of  the  levy 
of  the  tax  herein  directed  to  be  levied  and  collected. 

Sec.  426.     The  faith  of  the  City  of  Atlanta  is  hereby  pledged  to  ,  . 
the  punctual  and  full  payment  of  the  principal  and  interest  of  the  pledged, 
issue  of  bonds  provided  for  in  this  ordinance. 

Sec.  427.     Whereas^  By  an  ordinance    approved    December    19, 

AVator 

1890,  Sections  355  to  363,  inclusive,  of  the  City  Code  of  1891,  it  was  bonds. 

provided  that  two  hundred  and  fifty  bonds  of  the  City  of  Atlanta,  of 

the  denomination  of  one  thousand  dollars  each,  bearing  interest  at 

tlie  rate  of  four  per  cent,  per  annum,  should  be  issued  and  sold,  and 

the  proceeds  should  be  expended  in  enlarging  the  water  supply  of  the  bonds  of  the 

Citv  of  Atlanta,  of  which  bonds  fifty  should  mature  and  be  paid  off,  der  ordinance 

•^  ■'^  '  of    December 

principal  and  interest,  at  the  expiration  of  ten  years  from  the  date  of  '^^^  ^^^o-  were 

their  issue,  fifty  more  at  the  expiration  of  fifteen  years  from  the  date 

of  their  issue,  fifty  more  at  the  expiration  of  twenty  years  from   the 

date  of  their  issue,  fifty  more  at  the  expiration  of  twenty-five  years 

from  the  date  of  their  issue,  and  the  remaining  fifty  at  the  expiration 

of  thirty  years  from  the  date  of  their  issue ;  and 

Whereas^  Pursuant  to  said  ordinance  fifty  bonds  of  one  thousand 
dollars  each,  maturing  in  ten  years  from  the  date  of  their  issue  and 
bearing  date  January  1,  1892,  were  issued  and  sold,  and  fifty  bonds 
maturing  fifteen  years  from  the  date  of  their  issue  were  issued,  of 
which  eighteen  were  sold  and  thirty-two  remain  unsold  and  in  the 
hands  of  the  Treasurer  of  said  city ;  and 

Whereas.  Xone  of  the  bonds  to  run  twenty,  twenty-five  or  thirty 
years,  as  provided  for  by  said  ordinance,  have  been  issued  or  sold  :  and 

Whereas,  It  is  found  impracticable,  in  the  state  of  the  money  mar- 
ket, to  sell  bonds  running  fifteen,  twenty  or  twenty-five  years  from  the 
date  of  their  issue,  and  drawing  only  four  per  cent,  interest,  and  pay- 
able principal  and  interest  in  currency  at  par;  and 

Whereas,  It  is  necessary  to  the  completion  of  the  construction  and 


136 


Part  III. — OI!DI^'AycES. 


$182,000   here- 
tofore   author- 
ized can- 
celled. 


$182,000,    4 
per    cent., 
thirty  years, 
water   bonds 
authorized. 


equipment  of  the  new  waterworks,  now  in  process  of  construction  for 
the  City  of  Atlanta,  that  the  full  issue  of  two  hundred  and  fifty  thou- 
sand dollars  of  bonds,  provided  for  by  said  original  ordinance,  should 
be  sold;  therefore, 

Sec.  428.  Ordaixed,  That  the  thirty-two  bonds  of  the  denomina- 
tion of  one  thousand  dollars  each,  numbered  from  sixty-nine  (69)  to 
one  hundred  (100),  both  inclusive,  and  dated  January  1,  1892,  issued 
under  authority  of  the  ordinance  of  December  19,  1890,  remaining 
unsold  and  in  the  hands  of  the  Treasurer,  be  cancelled  by  the  Treas- 
urer of  said  city,  in  the  presence  of  the  Mayor,  Comptroller  and  the 
Chairman  of  the  Finance  Committee,  and  that  proper  entry  of  such 
cancellation  be  made  on  the  books  of  the  City  Comptroller  and  Treas- 
urer before  the  issue  of  the  bonds  hereinafter  provided  for. 

Sec.  429.  That  so  much  of  the  ordinance  of  December.  19,  1890, 
as  provides  for  the  issue  of  bonds  to  run  twenty  years,  twenty-five 
years  and  thirty  years  from  the  date  of  their  issue  be,  and  the  same 
is,  hereby  repealed. 

Sec.  430.  That  one  hundred  and  eighty-two  (182)  bonds  of  the 
City  of  Atlanta  of  the  denomination  of  one  thousand  dollars,  bear- 
ing interest  at  the  rate  of  four  per  cent,  per  annum,  principal  and 
interest  payable  in  gold  of  the  present  standard  of  weight  and  fineness 
or  its  equivalent,  at  the  date  of  maturity  of  the  interest  coupons  and 
bonds  herein  provided  for,  shall  be  prepared  by  the  Mayor,  Clerk  of 
Council,  Comptroller  and  Treasurer  of  said  city,  and  shall  be  sold  by 
the  Finance  Committee  to  raise  the  sum  of  one  hundred  and  eighty- 
two  thousand  ($182,000)  dollars,  to  be  expended  in  the  completion 
of  the  construction  and  equipment  of  new  waterworks  for  the  City 
of  Atlanta,  for  the  purpose  of  enlarging  the  water  supply  of  said  city. 

Sec.  431.  The  bonds  herein  provided  for  shall  bear  date  of  Jan- 
uary 1,  1893,  and  shall  mature  and  be  paid  off  on  the  first  day  of  Jan- 
uary', 1923,  and  shall  be  paid  off  at  the  office  of  the  Treasurer  of  the 
City  of  Atlanta,  in  said  city,  or  in  the  City  of  N'ew  York,  at  the  option 
of  the  holder. 

Sec.  432.  The  interest  on  the  issue  of  bonds  herein  provided  for 
shall  be  evidenced  by  coupons  attached  to  said  bonds  and  have  the  sig- 
nature of  the  Treasurer  lithographed  thereon,  as  in  previous  issues 
of  bonds  of  said  City  of  Atlanta,  and  be  payable  semi-annually  at 
the  office  of  City  Treasurer  of  Atlanta,  Georgia,  and  in  the  City  of 
New  A^'ork.  Tlie  first  coujions  on  each  of  said  bonds  shall  mature 
July  1,  1893,  and  the  remaining  coupons  semi-annually  thereafter. 

Sec.  433.  The  ])revious  ordinance  of  December  19,  1890,  as  to 
providing  for  a  levy  of  tax  annually  to  meet  the  yearly  interest  on  the 
whole  issue  of  two  hundred  and  fifty  thousand  ($250,000)  dollars  of 
water  bonds  and  to  accumulate  a  fund  for  tlio  paymcmt  of  the  prin- 
cipal of  the  bonds  and  pledging  the  faith  of  the  City  of  Atlanta  for 


Principal  and 
interest,  where 
payable. 


Provisions 
of    previous 
ordinances 
re-enacted. 


Part  III. — Ordtnaxces.  137 


{ lie  punctual  and  full  payment  of  the  principal  and  interest  of    the  ^y^^^^,  ^^^^^ 
issue  of  bonds  aforesaid,  is  continued  in  force,  and  is  hereby  made  to  soptimber'  26, 
apply  to  the  issue  of  bonds  herein  provided  for,  it  being  the  intent  and  ^^''^■ 
meaning  of  this  ordinance  that  these  one  hundred  and  eighty-two 
thousand  ($182,000)  dollars  of  bonds  shall  take  the  place  of  an  equal 
amount  of  bonds  authorized  by  the  ordinance  of  December  19,  1890. 

Sec.  434.  Whereas,  The  ordinance  authorizing  the  issue  of  one  Date  of  water 
hundred  and  eighty-two  thousand  ($182,000)  dollars  of  thirty  years  to^.ianuary^l, 
four  per  cent,  water  bonds  of  the  City  of  Atlanta,  approved  Septem- 
ber 26,  1892;  provided^  that  said  bonds  should  bear  date  of  January 
1,  1893 ;  and  whereas,  said  first  day  of  January  fell  on  Sunday,  for 
remedy  thereof  that  the  change  of  the  date  of  said  bonds  made  in 
their  preparation  from  the  first  day  of  January,  1893,  to  the  second 
day  of  January,  1893,  be,  and  the  same  is,  hereby  authorized  and  rat- 
ified. 

Sec.  435.     The  Finance  Committee  is  instructed  to  have  prepared  ^  ^    , 

^       ^  Coupon    bonds. 

one  hundred  and  forty  thousand  ($140,000)  dollars  of  coupon  bonds  Act  Novem- 
as  follows:  One  hundred  and  forty  bonds  of  one  thousand  ($1,000)  ^er  is,  isso. 
dollars  each,  aggregating  $140,000 ;  said  bonds  to  be  dated  January  ^etre^^/ per 
1,  1892,  and  to  be  due, in  thirty  years  thereafter,  and  to  be  payable'^®''*- 
January  1,  1922,  the  coupons  of  said  bonds  to  be  payable  semi- 
annually, on  the  first  day  of  July  and  January,  for  interest  on  same,  at 
fo\ir  and  one-half  per  cent,  per  annum ;  said  bonds  and  coupons  to  be 
payable  in  gold  coin,  either  in  the  City  of  New  York  or  at  the  office 
of  the  City  Treasurer  in  the  City  of  Atlanta,  and  to  be  free  from  city 
taxes ;  said  bonds  to  be  signed  by  the  Mayor  and  Treasurer,  and  coun- 
tersigned by  the  City  Comptroller,  who  shall  affix  thereto  the  seal  of 
the  city;  the  coupons  attached  to  these  bonds  shall  have  the  name  of 
the  City  Treasurer  lithographed  thereon;  said  bonds  shall  be  sold  un- 
der the  direction  of  the  Mayor  and  Finance  Committee,  and  the  pro- 
ceeds thereof  applied  to  the  redemption  of  eighty  bonds  of  five  liun- 
dred  ($500.00)  dollars  each,  known  as  the  bonds  to  fund  the  floating 
debt,  dated  October  1,  1879,  and  falling  due  January  1,  1892,  bear- 
ing interest  at  six  per  cent,  per  annum;  and  also  one  hundred  bonds 
of  one  thousand  dollars  each,  dated  August  1,  1872,  and  due  January 
1,  1892,  bearing  eight  per  cent,  interest,  and  known  as  bonds  issued 
to  pay  floating  debt  and  bridges.  These  two  issues  of  bonds  amount 
to  one  hundred  and  forty  thousand  dollars. 

Sec.  436.  Whereas,  The  Mayor  and  General  Council  of  the  City 
of  Atlanta  desire  to  issue  five  hundred  thousand  ($500,000.00)  dol- 
lars of  the  bonds  of  said  city  for  the  purpose  of  increasing  the  water 
supply  of  said  city,  and  the  assent  of  the  qualified  voters  of  said  city 
being  necessary  thereto : 

Sec.  437.     Ordained,  That  in  accordance    with    the    Constitution 


138  Part  III. — Ordinances. 


Election  for  '^"'^  ^^^^^  '^^  ^^^^  State,  and  in  pursuance  of  an  amendment  to  the 
bS^criied'  charter  of  said  city,  approved  the  twenty-first  day  of  August,  1891, 
$500  000  water  authorizing  the  issue  of  said  bonds,  an  election  shall  be  held  at  the 
cen^'so^'ye^rs.  scvcral  votiug  preciucts  in  the  City  of  Atlanta,  on  the  first  "Wednesday 
in  December,  1891,  to-wit:  The  second  (2d)  day  of  December,  1891, 
to  determine  the  question  whether  said  water  bonds  shall  be  issued  by 
said  city,  and  that  notice  to  the  people  (qualified  voters  of  said  city) 
be  published  in  the  Atlanta  Constitution,  the  newspaper  in  which  the 
election  "ad-  Sheriff's  advertisements  for  said  county  are  published,  and  other  daily 
papers  published  in  said  city,  for  the  space  of  thirty  days  next  pre- 
ceding the  day  of  said  election,  as  provided  by  law,  said  bonds  to  bear 
interest  at  the  rate  of  4%  per  centum  per  annum,  and  to  run  not  ex- 
ceeding thirty  years  from  the  issuance  thereof,  the  said  interest  to  l)e 
payable  semi-annually,  on  the  first  days  of  January  and  July  of  each 
3'ear,  and  the  principal  of  said  bonds  to  be  fully  paid  off  within  thirty 
years  from  the  date  of  the  issuance  thereof,  principal  and  interest  to 
be  payable  in  gold  or  its  equivalent.  If  the  issne  of  said  water  [bonds] 
is  voted  by  the  requisite  two-thirds  of  the  qualified  voters  of  said  city, 
then,  and  before  the  propoged  debt  is  incurred,  an  ordinance  or  ordi- 
nances shall  be  passed  providing  for  the  issue  and  sale  thereof,  and 
making  provisions  at  the  same  time  for  the  assessment  and  collection 
of  annual  taxes  sufficient  in  amount  to  pay  the  principal  and  interest 
of  said  debt  within  thirty  years  from  the  date  of  incurring  said  in- 
debtedness, but  this  shall  not  operate  to  increase  the  annual  taxes  on 
real  estate  or  personal  property  beyond  the  charter  rate  of  one  and 
one-half  per  centum  per  annum.  At  said  election  the  voters  shall 
have  printed  or  written  on  their  ballots,  "For  water  Ijonds,'"  or 
"Against  water  bonds."  Said  election  shall  be  held  as  municipal 
Code  of  18S2.  gjeotions  in  this  city  are  required  to  be  held,  and  conducted  in  like 
manner  and  in  accordance  with  Sections  508(i)  to  508(m),  inclusive, 
of  the  Code  of  the  State  of  Georgia,  and  shall  be  held  with  the  elec- 
tion for  Aldermen  and  Councilmen  to  occur  on  the  sann'  day,  and  tlic 
voters  qualified  to  vote  in  the  election  for  Aldermen  and  ('(iiinciluicn 
are  likewise  qualified  to  vote  on  the  question  of  the  issue  of  water 
bonds. 

Sec.  438.     For  the  purpose  of  completing  and  c(|uii)|Hiig  a    t)v\y 

system  of  waterworks  for  the  City  of  Atlanta  and  enlarging  llie  water 

years,  41/2  per  supply  thcrcof,  fivc  hundred  bonds  of  the  City  of  Atlania  are  herehv 

bonds  author-  authorized  to  be  issued  and  sold  and  the  proceeds  to  be  u<ed  foi-  I  his 

purpose;  said  bonds  to  be  of  the  denomination  of  one  t.liousand  dol- 

issue  and         lars  cach,  to  bear  date  of  January  1,  1892,  and  to  mature  and  be  pnv- 

sale    of    bonds.  ,/       '  i     •    ^ 

able  thirty  years  from  that  date,  and  to  bear  interest  at  tlie  rate  of 
four  and  one-balf  per  centum  ]ter  annum,  payable  semi-ninuiallw  en 
the  first  day  of  Julv  and  Jainiarv  of  each  vear,  and  the  iirinciijal  and 


Part  III.— Okuinances.  139 


interest  of  said  bonds  to  be  payable  in  gold  coin.     Said  bonds  shall 
be  free  from  city  taxes. 

Sec.  439.  The  bonds  herein  authorized  shall  be  signed  by  the  ,,^^  signed. 
Mayor  and  Treasurer  and  countersigned  by  the  Comptroller  of  the 
City  of  Atlanta,  and  shall  be  numbered  from  one  to  five  hundred,  in- 
clusive, and  the  semi-annual  interest  thereon  shall  be  evidenced  by 
the  coupons  to  which  the  signature  of  the  City  Treasurer  shall  be  litli- 
ograplied. 

Sec.  440.     Tlie  principal  and  interest  of  the  bonds  herein  author- 
ized shall  be  payable  at  the  city  treasury  in  Atlanta,  or  in  the  City  h\e!'^^  ^''^'^ 
of  New  York,  at  the  option  of  the  holder. 

Sec.  441.     The  good  faith  and  taxing  power  of  the  City  of  Atlanta 

°  Dee.    23,    1S91. 

is  hereby  pledged  to  the  full  and  punctual  ])ayment  of  the  principal 
and  interest  of  these  bonds. 

Sec.  442.     The  Finance  Committee  is  instructed  to  have  prepared  coupon  bonds, 
one  hundred  and  forty-nine  thousand  dollars  of  coupon  bonds,  as  fol-  $149,000  re- 
lows  :     One  hundred  and  forty-nine  bonds    of    one   thousand    dollars  y™.s*^4y;  p'^er 
each,  aggregating    one  hundred    and    forty-nine    thousand    dollars.  '^™^' 
Said  bonds  to  be  due  and  payable  in  gold  coin  in  thirty  years  from  im!^  ^'^  ^^' 
date,  and  to  bear  date  January  1,  1892,  and  due  January- 1,  1922 ;  the 
coupons  to  be  paid  in  gold  coin,  semi-annually  on  the  first  day  of  July 
and  January  of  each  year,  for  interest  on  the  same  at  four  and  one- 
half  per  cent,  per  annum.     Said  bonds  and  coupons  to  be  payable  in 
New  York  or  Atlanta,  and  to  be  free  from  city  taxes ;  said  bonds  to  b3 
signed  by  the  Mayor  and  Treasurer  and  countersigned  by  the  City 
Comptroller,  affixing  thereto  the  seal  of  the  city ;  the  coupons  attached 
to  said  bonds  to  have  the  name  of  the    City    Treasurer  lithographed 
thereon.     Said  bonds  to  be  sold   under   the    direction  of  the  Finance 
Committee  of  this  body,  and  the  proceeds  thereof  applied  to  the  re- 
demption of  one  hundred  and  sixteen  bonds  of  one  thousand  dollars 
each,  and  sixty-six  bonds  of  five  hundred  dollars  each,  aggregating  one 
hundred  and  forty-nine  thousand  dollars,  known  as  bonds  issued  for 
streets,  bridges,  floating  debt,  etc.,  due  January  1st,  1892,  and  dated 
January  1st,  1869,  bearing  interest  at  the  rate  of  eight  per  cent,  per 
annum. 

Sec.  443.     The  Finance  Committee  is  instructed  to  have  prepared 
forty  thousand  ($40,000)  dollars  of  coupon  bonds,  as  follows:     Forty |tn°pTion"      ' 
bonds  of  one  thousand  dollars  each,  aggregating  forty  thousand  dol-  4°pe,? 
lars.     Said  bonds  to  be  due  and  payable  in  thirty  3^ears  from  date,  and  is"3"^'o  .Ta 
to  bear  date  January  1st,  1893;  the  coupons  to  be  payable  semi-annu- "'"•^    ' 


•ears 
per  cent. 


ally  on  the  first  day  of  July  and  January  of  each  year,  for  the  interest 
on  the  same  at  four  per  cent,  per  annum.  Said  bonds  and  coupons  to 
be  payable  in  gold  coin  of  the  United  States,  either  in  New  York  or 
at  the  Treasurer's  office  in  the   City   of   Atlanta,  at  the  option  of  the 


140  Pakt  III. — Ordinances. 


holder,  and  to  be  free  from  city  taxes ;  said  bonds  to  be  signed  b}^  the 
Mayor  and  City  Treasurer  and  countersigned  by  tlie  City  Comptroller, 
affixing  thereto  the  seal  of  the  city.  The  coupons  to  be  attached  to 
said  bonds  shall  have  the  signature  of  the  Treasurer  lithographed 
thereon.  Said  bonds  to  be  sold  by  the  Finance  Committee  of  this  body 
and  the  proceeds  thereof  applied  to  the  redemption  of  eighty  bonds  of 
five  hundred  ($500.00)  dollars  each,  known  as  bonds  to  fund  the  float- 
ing debt  maturing  January  1st,  1893,  dated  October  1st,  1879,  bearing 
interest  at  six  per  cent,  per  annum. 

Sec.  444.  An  election  is  hereby  called  to  be  held  at  the  usual  poll- 
ing precincts  in  the  City  of  Atlanta,  between  the  lawful  hours  for  con- 
^e^Jti'on'''""^  ducting  elections  in  said  city,  on  Tuesday  the  16th  day  of  May,  1893, 
to  ascertain  whether  the  qualified  voters  of  the  City  of  Atlanta  will 
assent  to  the  issue  and  sale  of  one  hundred  and  eighty-two  thousand 
($182,000.00)  dollars  of  the  bonds  of  said  city,  to  wit :  One  hundred 
and  eighty-two  (182)  bonds  of  the  denomination  of  one  thousand 
($1,000.00)  dollars,  numbered  from  one  (1)  to  ore  hundred  and 
eighty-two  (182),  inclusive,  each  to  hv  dated  June  1st,  1893,  the  prin- 
cipal of  said  bonds  to  run  for  thirty  (30)  years,  and  no  part  of  said 
principal  to  be  paid  annually,  but  all  of  said  principal  to  mature  and 
be  fully  paid  off  at  the  expiration  of  thirty  (30)  years  from  the  date 
of  said  bonds,  and  to  bear  interest  at  the  rate  of  four  per  cent.  (4%) 
per  annum,  evidenced  by  coupons,  and  falling  due  on  the  first  days  of 
July  and  January  of  each  year,  payable  at  the  city  treasury  in  the 
City  of  Atlanta,  Georgia,  or  in  the  City  of  :N'ew  York,  at  the  option 
of  the  holder.  The  principal  and  interest  of  said  bonds  to  be  payable 
in  gold  coin  of  the  United  States  of  America,  of  the  present  standard 
of  weight  and  fineness,  or  its  equivalent.  Said  bonds  to  be  sold  for  the 
best  price  obtainable,  whether  at,  above  or  below  par,  and  the  proceeds 
thereof  to  be  used  only  in  the  completion  and  equipment  of  the  new 
waterworks  of  said  city.  In  the  event  the  issue  of  bonds  herein  pro- 
posed is  assented  to  by  the  qualified  voters  of  the  City  of  Atlanta,  the 
one  hundred  and  eighty-two  (182)  bonds  of  the  denomination  of  one 
thousand  ($1,000.00)  dollars  each,  bearing  interest  at  four  per  cent. 
(4%)  per  annum,  issued  and  dated  January  2d,  1893,  will  be  can- 
celed on  account  of  doubts  as  to  the  regularity  of  their  issue,  so  that 
the  issue  of  bonds  to  be  authorized  by  this  election  will  not  iiici-case 
the  indebtedness  of  the  City  of  Atlanta  on  accoimt  of  the  construction 
and  equipment  of  the  new  waterworks  or  otherwise.  And  in  case  this 
issue  of  one  hundred  and  eighty-two  thousand  ($182,000.00)  dollars 
of  bonds  as  hereinbefore  described  is  assented  to  by  the  qualified  voters 
of  the  City  of  Atlanta,  an  annual  tax  will  be  levied  on  the  taxaltlo 
property  in  the  City  of  Atlanta  sutficient  to  pay  the  interest  on  the 
whole  of  said  issue,  to  wit:     'IMie  sum  of  seven  thousand  two  liiindred 


Paim'  111. — Ohdixaxces.  141 


and  eighty  ($7,280.00)  dollars  interest  each  year,  and  also  to  raise  six 
Ihousand  ($6,000.00)  dollars  of  the  principal  of  said  bonds  each  year 
for  the  first  twenty-nine  (29)  5'ears  next  ensuing  after  June  1st,  1893, 
beginning  with  the  year  1893,  and  to  raise  the  sum  of  eight  thousand 
($8,000.00)  dollars  of  the  principal  of  said  bonds  in  the  thirtieth 
(30th)  year  after  the  date  thereof,  to-wit :  the  year  1922.  The  amount 
collected  on  account  of  the  principal  of  said  bonds  during  the  first 
twenty-nine  (29)  years  to  be  placed  and  kept  intact  in  a  sinking  fund 
for  the  extinguishment  of  the  principal  of  said  bonds,  and  with  the 
eight  thousand  ($8,000.00)  dollars  to  be  collected  on  account  of  said 
principal  in  the  thirtieth  year,  the  year  1922,  is  to  be  used  at  the  ma- 
turity of  said  bonds  for  the  payment  of  the  principal  thereof  in  full. 

Sec.  445.  A  special  registration  of  voters  of  said  city  shall  be  had 
for  the  purpose  of  ascertaining  who  are  qualified  voters  for  voting  in 
the  election  so  called  for  May  16th,  1893,  and  books  of  registration 
for  this  purpose  shall  be  opened  in  the  office  of  the  Tax  Collector  of  election, 
said  city,  who,  with  his  assistants,  will  act  as  registrars,  in  accordance 
with  Sections  960  to  966  of  the  Code  of  Atlanta  of  1891,  except  in  so 
far  as  those  sections  are  modified  for  the  purposes  of  this  registration 
by  this  ordinance.  The  books  of  registration  to  be  kept  open  diiring 
the  office  hours  of  the  Tax  Collector  daily,  from  the  5th  day  of  April, 
1893,  until  and  including  the  11th  day  of  May,  1893,  except  that  the 
registration  books  shall  not  be  kept  open  on  Sundays,  and  shall  not 
be  closed  earlier  than  nine  o'clock  p..  m.  on  Thursday  the  11th  day  of 
May,  nor  on  the  three  days  next  preceding  that  day.  No  person  will  be 
permitted  to  vote  in  the  election  hereinbefore  called  whose  name  does 
not  appear  on  the  registration  books  so  to  be  opened  and  kept  by  the 
said  registrars;  and  all  persons  qualified  to  vote  for  members  of  the 
General  Assembly  of  Georgia,  or  who  will  be  so  qualified  by  the  16th 
day  of  May,  1893,  and  living  in  the  City  of  Atlanta,  are  entitled  to 
registration  for  this  election  and  the  registration  oath  will  be  modi- 
fied accordingly.  The  payment  of  taxes  due  the  city,  county  or  State 
for  the  year  1893  is  not  requisite  to  entitle  a  voter  otherwise  qualified 
to  register  for  this  election.  Notice  of  the  fact  that  the  election  here- 
inbefore provided  for  has  been  called,  and  of  the  purpose  of  holding 
the  same,  and  of  the  registration  of  voters  therefor,  shall  be  given  by 
a  publication  of  a  notice  fully  describing  said  bonds,  attested  by  the 
Mayor  and  Clerk  of  Council,  for  a  period  of  thirty  (30)  days  next 
preceding  the  date  herein  fixed  for  the  holding  said  election  in  the 
Atlanta  Evening  Journal,  the  organ  in  which  the  Sheriff's  advertise- 
ments for  Fulton  county,  Georgia,  the  county  in  which  the  City  of 
Atlanta  is  located,  are  published,  and  such  other  and  further  notice  of 
the  opening  of  the  books  of  registration,  and  of  the  time  and  places 
of  holding  said  election,  not  inconsistent  herewith,  may  be  given  as  the 
Mavor  and  General  Council  shall  otherwise  direct. 


142 


Pakt  III.— Okdixances. 


Water  bond, 
election. 


Sinking    fund. 


Sec.  116.  The  election  herein  provided  for  is  to  be  held,  and  the 
result  thereof  determined  in  accordance  with  the  charter  of  the  Cit}'  of 
Atlanta,  and  with  Sections  508 (i)  to  (508 (m),  inclusive,  of  the  Code 
of  Georgia  of  1888 ;  and  in  ca.se  the  qualified  voters  of  the  city  assent 
to  the  issue  of  bonds  hereinbefore  described,  they  are  to  be  issued  in 
conformity  with  Sections  508 (i)  to  508 (m)  of  the  Code  of  Georgia, 
inclusive,  and  in  pursuance  of  the  Act  of  the  General  /Assembly  of 
Georgia,  approved  September  1th,  1889,  so  amending  the  charter  of 
the  City  of  Atlanta  as  to  authorize  the  issue  of  .two  hundred  and  fifty 
thousand  ($250,000.00)  dollars  of  the  bonds  of  said  city  of  the  de- 
scription and  for  the  purpose  for  which  the  bonds  herein  submitted  to 
the  people  are  to  be  issued.  Tbe  debt  of  the  City  of  Atlanta  being 
less  than  seven  per  cent,  of  the  assessed  taxable  value  of  the  property 
therein,  the  issue  of  bonds  herein  submitted  to  the  people  for  their 
assent  will  not  be  in  conflict  with  the  Constitution  of  Georgia,  para- 
graphs 1  and  2  of  Section  7,  Article  7. 

Sec.  447.  The  annual  tax  hereinbefore  provided  for  to  pay  the 
interest  and  to  accumulate  a  sinking  fund  for  the  payment  of  the  prin- 
cipal of  the  issue  of  bonds  lierein  submitted  to  the  people  for  their 
assent,  shall  not  increase  the  tax  on  the  taxable  property  in  said  city 
beyond  the  charter  rate  of  one  and  one-half  per  cent,  per  annum ;  the 
charter  of  the  City  of  Atlanta  providing  that  in  approju-iating  the 
revenues  arising  from  taxation,  a  sufficient  ap])ropriation  shall  first  be 
made  therefrom  for  the  payment  of  interest  on  the  bonded  debt,  and 
of  the  principal  of  such  bonds  as  mature  during  the  fiscal  year. 

Sec.  448.  In  case  the  qualified  voters  of  the  City  of  Atlanta,  at 
the  election  to  be  held  as  hereinbefore  provided  for,  assent  to  the  issue 
of  the  bonds  hereinbefore  described,  the  bonds  so  authorized  to  be  is- 
sued shall  bear  date  on  the  1st  day  of  June,  1893,  and  shall  mature  and 
be  fully  paid  off  on  the  31st  day  of  May,  1923,  and  shall  be  signed  by 
the  Mayor,  Clerk  of  Council  and  Treasurer  of  said  city,  and  counter- 
signed by  the  Comptroller  of  said  city,  and  shall  be  sold  by  the  Finance 
Committee  of  said  city. 

Sec.  449.  In  said  election  those  voting  in  favor  of  the  issue  of  said 
bonds  shall  have  written  or  printed  on  their  ballots  the  words  "For 
water  bonds,"  and  those,  voting  against  said  issue  of  bonds  shall  have 
written  or  printed  on  their  ballots  the  words  "Against  water  bonds," 
and  the  election  shall  be  conducted  and  the  result  ascertained  and  de- 
clared under  the  same  regulations  as  in  elections  for  Mayor,  Aldermen 
and  Councilmen,  except  that  two-thirds  of  the  qualified  voters  of  the 
City  of  Atlanta  must  vote  in  favor  of  the  proposed  bonds  to  authorize 
their  issue. 


Sec.  450.     Wjiekeas.  Tbe  Constitution  of  Georgia,  l)y  ])aragi-a|)l 
1  and  2  of  Section  seven  (7),  of  Article  seven  (7).  provides  as  follow^ 


Pai{t   III. — Okdin'axces.  143 


"PAKAGRArH  1.  Deht  of  Counties  and  Cities  not  to  Exceed  Seven  ^^^^^  ^^^ 
per  cent. — The  debt  hereafter  incurred  by  any  county,  municipal  cor-  election, 
poration  or  ])()litical  division  of  this  State,  except  as  in  this  Constitu- 
tion provided  for,  shall  not  exceed  seven  per  centum  of  the  assessed 
value  of  all  the  taxable  property  therein,  and  no  such  county,  muni- 
cipality or  division  shall  incur  any  debt,  except  for  a  temporary  loan 
or  loans  to  supply  casual  deficiencies  of  revenue,  not  to  exceed  one- 
fifth  of  one  per  centum  of  the  assessed  value  of  taxable  property 
therein,  witliout  the  assent  of  two-thirds  of  the  qualified  voters  thereof, 
at  an  election  for  tluit  purpose,  to  be  held  as  may  be  prescribed  by  law; 
but  any  city,  the  debt  of  which  does  not  exceed  seven  per  centum  of 
the  assessed  value  of  the  taxable  property  at  the  time  of  the  adoption 
of  this  Oonstitution.  may  be  autliorized  by  law  to  increase,  at  any 
time,  tile  aiiioutit  of  said  debt,  three  per  centum  upon  such  assessed 
valuation. 

Sec.  4.jI.  5192,  Paragraph  11.  County  and  Citii  Bunds,  how 
Paid. — Any  county,  municipal  corporation  or  political  division  of 
this  State,  which  shall  incur  any  bonded  indebtedness  under  the  pro- 
visions of  this  Constitution  shall,  at  or  before  the  time  of  so  doing, 
provide  for  the  assessment  and  collection  of  an  annual  tax,  sufficient 
in  amount  to  pay  the  principal  and  interest  of  said  debt  within  thirty 
years  from  the  date  of  the  incurring  of  said  indebtedness ;"'  and 

Whereas,.  The  deljt  of  the  City  of  Atlanta  does  not  amount  to 
seven  per  centum  of  the  assessed  value  of  the  taxable  property  in  said 
city,  the  debt  of  said  city  being  two  millions,  seven  hundred  and  fifty- 
eight  thousand  ($2,758,000.00)  dollars,  and  the  assessed  value  of  the 
taxable  property  therein  being  fifty-four  millions,  one  hundred  and 
ninety-two  tliousand  dollars  ($54,192,000.00)  :  and 

Whereas,  The  General  Assembly  of  Georgia  has  provided,  by  gen- 
eral law,  pursuant  to  said  Constitution,  for  the  regulation  of  the  issue 
of  county  and  municipal  bonds,  and  the  holding  of  elections  therefor, 
as  appears  in  Chapter  3,  of  Title  6,  of  Part  1  of  the  Code  of  Georgia  of 
1882,  being  Code  Sections  508 (i)  to  508 (m),  inclusive,  said  sections 
being  as  follows : 

"Sec.  452.  508 (i).  Notice  of  Election  on  Issue  of  Bonds. — When 
any  county,  municipality  or  division  shall  desire  to  incur  any  bonded 
debt,  as  prescribed  in  paragraphs  1  and  2,  Section  7,  Article  7  of  the 
Constitution  of  1877,  the  election  required  shall  be  called  and  held  as 
follows,  to-wit :  The  officers  charged  with  levying  taxes,  contracting 
debts,  etc..  for  the  county,  municipality  or  division,  shall  give  notice 
for  the  space  of  thirty  days  next  preceding  the  day  of  election  in  the 
newspapers  in  which  the  Sheriff's  advertisements  for  the  county  are 
published,  notifying  the  people  (qualified  voters)  that  on  the  day 
named  an  election  will  be  held  to  determine  the  question  whether 
bonds  shall  1)e  issiied  by  the  county,  municipality  or  division.     In  said 


144  Part  III. — Ordinances. 


Sale  of  water  ^otice  he  shall  specify  what  amount  of  bonds  are  to  be  issued,  for  what 
bonds.  purpose,  what  interest  the}'  are  to  bear,  how  much  principal  and  inter- 

est to  be  paid  annually  and  when  to  be  fully  paid  off. 

"Sec.  453.  508  (j).  Election,  how  /leM.— Said  election  shall  be 
held  at  all  the  voting  or  election  precincts  within  the  limits  of  the 
county,  municipality  or  division,  and  shall  be  held  by  the  same  persons 
and  in  the  same  manner,  under  the  same  rules  and  regulations  that 
the  elections  for  officers  of  said  county,  municipality  or  division  are 
held,  and  the  returns  shall  be  made  to  the  officers  calling  or  ordering 
the  election,  who  shall,  in  the  presence  and  together  with  the  sev^eral 
managers  (who  bring  up  the  returns),  consolidate  said  returns  and 
declare  the  result. 

"Sec.  454.  508  (k).  Bonds  may  he  issued,  when. — When  said  notice 
is  given  and  said  election  held  in  accordance  with  the  pr^eceding  section, 
if  the  requisite  two-thirds  of  the  voters  of  the  county,  municipality 
or  division  at  said  election  vote  for  bonds,  then  the  authority  to  issue 
the  bonds  in  accordance  with  paragraphs  1  and  2,  Section  7,  Article  7 
of  the  Constitution  is  hereby  given  to  the  proper  officers  of  said  coud- 
ty,  municipality  or  division. 

"Sec.  455.  508(1).  Number  of  Votes,  how  Ascertained. — In  de- 
dermining  the  question  whether  or  not  two-thirds  of  the  (jualified 
voters  in  said  county,  municipality  or  division  voted  in  favor  of  the 
issue  of  said  bonds,  the  tally  sheets  of  the  last  general  election  hold  in 
said  county,  municipality  or  division  shall  be  taken  as  a  correct  enu- 
meration of  the  qualified  voters  thereof. 

"Sec.  456.  508  (m).  Collection  of  Bonds. — The  Owners  of  said 
bonds,  when  due,  may,  if  necessary,  enforce  the  collection  thereof  by 
suit  in  the  proper  court;"  and 

Whereas^  The  General  Assembly  aforesaid  by  an  Act  approved 
September  4th,  1889,  found  in  the  Georgia  Laws  of  1889,  on  pages 
811  and  820,  authorized  the  issue  of  two  hundred  and  fifty  thousand 
dollars  in  bonds  of  the  City  of  Atlanta,  for  the  purpose  of  increasing 
the  water  supply  of  said  city ;  this  authority  being  given  in  Section  o 
of  said  Act,  ^vhich  is  in  words  and  figures  following,  to  wit : 

"Sec.  457.  111.  Be  it  further  enacted  hy  the  authority  aforesaid. 
That  the  Mayor  and  General  Council  of  the  City  of  Atlanta  be,  and 
they  are,  hereby  authorized  to  issue  bonds  to  the  amount  of  two  hun- 
dred and  fifty  thousand  ($250,000),  dollars,  or  so  much  thereof  as 
may  be  necessary  and  allowed  by  the  Constitution  of  the  State,  in  such 
denominations  and  to  be  due  at  such  times  as  they  may  determine,  and 
to  bear  interest  at  a  rate  not  to  exceed  four  and  a  half  (4^^)  per  cent, 
per  annum,  for  the  purpose  of  increasing  the  water  supply  of  the 
City  of  Atlanta;"  and 

Whereas^  By  section  3  of  the  Act  approved  August  21st,  1891. 
foinid  in  Georgia  Laws  of  1890  and  1891,  Volume  2,  pages  448    to 


Part  III. — Ordinances.  145 


452,  said  city  was  authorized  to  make  the  principal  and  interest  of  the  g^j^  ^^  ^^^^^^ 
bonds  authorized  by  the  Act  of  September  4th,  1889,  payable  in  gold  ^°"'^^- 
or  its  equivalent,   said   sections  being  in  words  and  figures  following, 
to-wit : 

"Sec.  458.  111.  Said  city  is  hereby  authorized  to  issue  bonds  of 
said  city  to  the  amount  of  five  hundred  thousand  dollars  ($500,000), 
said  bonds  or  the  proceeds  thereof  to  be  used  only  for  the  construclion 
or  equipment  of  new  waterworks,  to  supply  said  city  and  people  with 
water  for  fire,  sanitary,  domestic  and  other  purposes.  Said  bonds 
shall  be  of  such  denomination  and  become  due  at  such  time  as  the 
]\Iayor  and  General  Council  of  said  city  may  determine,  and  shall  bear 
interest  at  a  rate  not  to  exceed  four  and  a  half  per  cent,  per  annum. 
The  Mayor  and  General  Council  may,  in  their  discretion,  make  the 
principal  and  interest  of  said  bonds,  or  of  either,  payable  in  gold  or 
tlie  equivalent  thereof;  and  said  Mayor  and  General  Council  may  also, 
in  their  discretion,  make  the  principal  and  interest  of  the  bonds  liere- 
tofore  authorized  to  be  issued  by  said  city  likewise  payable  in  gold  or 
its  equivalent  as  to  principal  or  interest,  or  both;"  and 

Whereas,  The  Mayor  and  General  Council  of  the  City  of  Atlanta, 
by  ordinance  approved  December  19,  1890,  being  Sections  355  to  363, 
inclusive,  of  the  City  Corde  of  Atlanta  of  1891,  provided  for  the  issue 
and  sale  of  two  hundred  and  fifty  bonds  of  the  denomination  of  one 
thousand  dollars  each,  bearing  interest  at  the  rate  of  four  per  centum 
per  annum,  said  issue  being  based  upon  the  assent  of  the  people 
thereto,  as  given  at  an  election  held  on  the  14th  day  of  October,  1890; 
and 

Whereas,  Only  one  hundred  of  said  bonds  were  ever  issued,  of 
which  number  only  sixty-eight,  aggregating  sixty-eight  thousand  dol- 
lars, were  sold,  and  the  thirty-two  unsold  bonds  were  cancelled ;  and 

Whereas,  The  City  of  Atlanta,  by  an  ordinance  approved  on  the 
26th  day  of  September,  1892,  authorized  and  directed  the  issue  of  one 
hundred  and  eighty-two  thousand  dollars  of  thirty-year  four  per  cent, 
gold  water  bonds,  in  lieu  of  the  one  hundred  and  eighty-two  thousand 
dollars  of  bonds,  unissued  and  unsold,  which  had  been  provided  for 
by  said  ordinance  of  December  19,  1890,  which  issue  of  one  hundred 
and  eighty-two  thousand  dollars  of  bonds  was  sold  to  the  Capital  City 
Bank  and  the  American  Trust  and  Banking  Company;  and 

Whereas,  Said  issue  of  one  hundred  and  eighty-two  thousand  dol- 
lars of  bonds,  when  offered  by  said  banks  in  the  New  York  market, 
were  rejected  on  account  of  alleged  insufficiency  in  the  notice  pub- 
lished to  the  qualified  voters  of  the  City  of  Atlanta  of  the  election  held 
on  October  14,  1890,  as  aforesaid ;  and 

Whereas,  On  the  third  day  of  April,  1893,  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  on  the  petition  of  said  Capital  City 
Bank  and  said  American  Trust  and  Banking  Company  therefor,  can- 


146  Paiit  III. — Ordi^'axces. 


celled  the  sale  of  said  bonds  of  the  City  of  Atlanta  to  said  banks,  and 
accepted  the  return  of  said  bonds  to  the  City  of  Atlanta ;  and 

Sec.  459.  Whereas,  Said  Mayor  and  General  Council,  by  an  ordi- 
nance approved  on  the  6th  day  of  April,  1893,  called  an  election  to  be 
held  on  the  16th  day  of  May,  1893,  to  ascertain  whether  the  qualified 
voters  of  the  City  of  Atlanta  will  assent  to  the  issue  and  sale  of  one 
hundred  and  eighty-two  thousand  dollars  in  bonds  of  the  City  of  At- 
lanta, to-wit :  One  hundred  and  eighty-two  bonds,  of  the  denomina- 
tion of  one  thousand  dollars  each,  numbered  from  one  to  one  hundred 
and  eighty-two,  inclusive,  bearing  interest  at  the  rate  of  four  per 
centum  per  annum;  all  of  the  principal  to  mature  and  be  paid  off  at 
the  end  of  thirty  years  from  the  date  of  said  bonds,  and  none  of  it  to 
be  paid  annually,  and  the  interest  to  be  paid  annually.  And  pro- 
viding, also,  for  a  registration  of  voters  for  said  bond  election, 
and  for  giving  legal  notice  of  such  registration  and  election  and 
for  the  levying  of  an  annual  tax  in  the  event  of  the  issue  of 
said  bonds  sufficient  to  pay  the  interest  on  the  whole  of  said 
issue,  to-wit:  Seven  thousand,  two  hundred  and  eighty  dollars  per 
annum,  and  also  to  raise  six  thousand  dollars  on  account  of  the  prin- 
cipal of  said  bonds  each  year  for  the  first  twenty-nine  years  after  the 
date  of  said  bonds,  beginning  with  the  year  1893,  and  to  raise  eight 
thousand  dollars  on  account  of  the  principal  of  said  bonds  in  the  thir- 
tieth year  after  the  date  thereof,  to-wit,  the  year  1932,  and  for  the 
creation  of  a  sinking  fund  from  such  annual  collections  on  account  of 
the  principal  of  said  bonds  to  pay  ofE  such  principal  at  the  maturity 
thereof:  and 

Whereas^  Eegistration  books  were  opened  for  such  election  and 
notice  thereof,  and  of  the  fact  that  such  election  had  been  called,  and 
the  time  and  places  at  which  it  would  be  held,  and  the  purpose  for 
which  it  would  be  held  having  been  given  by  notice  published  in  the 
Atlanta  Evening  Journal,  the  organ  in  which  the  Sheriff's  advertise- 
ments for  Fulton  county,  Georgia,  the  county  in  which  the  City  of 
Atlanta  is  situated,  are  published,  such  notice  .being  published  for 
thirty  days  next  preceding  said  election,  to-wit:  from  the  6th  day  of 
April,  1893,  to  the  16th  day  of  May,  1893,  inclusive,  which  notice  was 
in  the  following  form,  to-wit : 

CITY  water  bond  ELECTION. 

To  the  Qualified  Voters  of  the  City  of  Atlanta: 

Mayor's  Office. 
Atlanta.  Ga.,  April  7,  1893. 

Notice  is  hereby  given  to  the  qualified  voters  of  tlie  City  of  All  an  la 
that  the  Mayor  and  General  Council  of  said  city  have  passed  an  ordi- 
nance, approved  A])ril  6,  1893,  calling  an  election,  which  will  ho  hcht 


Part  III. — Ordinances.  147 


at  all  the  voting  precincts  in  said  city,  between  the  lawful  hours  for  g^j^  ^,  ^^^.^^ 
conducting  elections  in  said  city,  to-wit :  From  seven  o'clock  a.  m.  to  ^°^^^- 
six  o'clock  p.  m.,  on  Tuesday,  the  16th  day  of  May,  1893,  to  determine 
wliether  the  qualified  voters  of  said  city  will  assent  to  the  issue  of  one 
hundred  and  eighty-two  thousand  ($182,000)  dollars  of  the  bonds  of 
said  city,  hereinafter  described,  for  the  purpose  of  completing  the  con- 
sti'uction  and  equipment  of  the  new  waterworks  of  said  city. 

The  bonds  it  is  proposed  by  said  Mayor  and  General  Council  to 
issue,  and  which  are  to  be  voted  on  in  said  election,  are  one  hundred 
and  eighty-two  (182)  bonds  of  said  city  of  the  denomination  of  one 
thousand  ($1,000)  dollars  each,  numbered  from  one  (1)  to  one  hun- 
dred and  eighty-two  (182),  inclusive,  to  be  dated  June  1,  1893,  and  to 
mature  and  be  paid  off  at  the  expiration  of  thirty  (30)  years  from 
their  date — that  is  to  say,  on  the  31st  day  of  May,  1923.  The  prin- 
cipal and  interest  of  said  bonds  to  be  paid  in  gold  coin  of  the  United 
States  of  America  of  the  present  standard  of  weight  and  fineness,  or  its 
equivalent. 

Said  bonds  to  bear  interest  at  the  rate  of  four  per  cent,  per  annum, 
evidenced  by  interest  coupons  in  the  usual  form,  to  be  paid  ^^^emi- 
annually  in  Atlanta  or  New  York,  at  the  option  of  the  holders ;  and 
for  the  purpose  of  providing  for  its  payment,  and  the  creation  of  a 
sinking  fund  to  pay  off  the  principal  of  said  bonds,  an  annual  tax  of 
thirteen  thousand,  two  hundred  and  eighty  ($13,280.00)  dollars  will 
be  levied  on  the  taxable  property  in  ^aid  city,  beginning  with  the  year 
1893  and  continuing  through  the  next  twenty-eight  (28)  years,  and 
in  the  year  1922  a  tax  of  fifteen  thousand,  two  liundrcd  and  eighty 
($15,280.00)  dollars. 

No  part  of  the  ])!'iiu'ipal  of  said  bonds  will  be  paid  annually,  but 
the  whole  amount  of  sucli  principal  is  to  run  until,  and  be  fully  paid 
off  at  maturity  of  said  bonds,  on  the  31st  day  of  May,  1923.  Never- 
theless, out  of  the  annual  tax  to  be  levied  on  the  taxable  property  in 
said  city,  as  aforesaid,  six  thousand  ($6,000.00)  dollars  per  annum, 
beginning  with  1893  and  continuing  until  and  including  1921,  and 
eight  thousand  ($8,000.00)  dollars  in  1922,  will  be  placed  and  kept  in- 
tact in  the  treasury  of  said  city,  as  a  sinking  fund,  and  will  be  used 
to  pay  off  the  principal  of  said  issue  of  bonds  at  their  maturity,  as 
aforesaid.  The  interest  on  said  bonds  to  be  paid  annually  will  be 
seven  thousand,  two  hundred  and  eighty  ($7,280.00)  dollars,  to  be 
provided  for  by  annual  taxes,  as  aforesaid.  Each  of  the  bonds  afore- 
said is  to  be  signed  by  the  Mayor,  Clerk  of  Council  and  Treasurer, 
and  countersigned  by  the  Comptroller  of  said  city. 

The  bonds,  if  issued,  will  be  sold  by  the  Finance  Committee  of  the 
General  Council  for  the  best  price  obtainable,  whether  above,  at  or 
below  par  value,  and  the  proceeds  thereof  devoted  exclusively  to  the 
completion  of  the  construction  and  equipment  of  the  new  waterworks 


148  Part  III. — Ordixaj^ces. 


of  said  city.  And  in  the  event  the  people  assent  to  this  issue  of 
bonds,  the  previous  issue  of  one  hundred  and  eighty-two  thousand 
($182,000.00)  dollars  in  four  per  cent,  thirty  years  gold  waterworks 
bonds  of  the  City  of  Atlanta,  dated  January  2,  1893,  will  be  cancelled 
on  account  of  doubts  about  the  regularity  of  their  issue,  so  that  the 
issue  of  bonds  now  to  be  voted  on  will  not  increase  the  indebtedness  of 
the  City  of  Atlanta. 

Notice  is  hereby  given  that  books  of  registration  for  the  bond  elec- 
tion aforesaid  will  be  opened  in  the  office  of  the  City  Tax  Collector,  in 
the  Chamber  of  Commerce  Building,  at  the  corner  of  Pryor  and 
Hunter  streets,  in  the  City  of  Atlanta,  on  the  7th  day  of  April,  1893, 
and  kept  open  during  the  office  hours  of  said  Collector  daily,  except 
Sundays,  until  and  including  Thursday,  May  11,  1893,  and  that  on 
said  11th  day  of  May,  1893,  and  the  three  days  next  preceding  that 
day,  said  books  of  registration  will  not  be  closed  until  nine  (9)  o'clock 
p.  m.  Persons  resident  in  the  City  of  Atlanta,  qualified  to  vote  for 
members  of  the  General  Assembly,  or  who  will  be  so  qualified  by  May 
16,  1893,  are  entitled  to  register  for  this  election.  And  no  person 
will  be  permitted  to  vote  in  said  election  whose  name  does  not  appear 
on  the  books  of  registration  so  directed  to  be  opened  and  kept.  The 
taxes  due  the  State,  county  or  City  of  iVtlanta  for  the  year  1893  need 
not  be  paid  as  a  prerequisite  to  registration. 

The  bonds  in  question  cannot  be  issued  unless  two-thirds  of  the 
qualified  voters  registered  for  such  election  vote  in  favor  of  such  issue. 
Those  favoring  the  issue  of  bonds  will  have  written  or  printed  on 
their  ballots  the  words,  "For  water  bonds,"  and  those  opposed  to  such 
issue  will  use  on  their  ballots  the  written  or  printed  words  "Against 
water  bonds."  The  bonds  to  be  issued,  if  assented  to,  in  conformity 
with  the  Code  of  Georgia,  Sections  508  (i)  to  508  (m),  inclusive,  and 
the  Act  of  September  4,  1889,  so  amending  the  city's  charter  as  to 
authorize  bonds  for  this  purpose.  This  notice  ordered  to  be  published 
for  thirty  (30)  days  next  preceding  said  election,  in  the  Atlanta 
Evening  Journal,  the  organ  in  which  the  Sheriff's  sal(>s  for  Fulton 
county,  Georgia,  are  published. 

John  B.  Goodwik.  Mayor. 

A.  P.  Woodward,  Clerk  of  Council. 

And  Whereas^  The  number  of  voters  registered  for  such  election 
was  reported  by  the  Kegistrar,  as  required  by  ordinance,  to  said  Mayor 
and  General  Council,  at  its  meeting  on  the  15th  day  of  May,  1893,  and 
entered  upon  the  minutes  thereof,  said  number  of  registered  voters 
being  twenty-three  hundred  and  eleven  (2,311)  ;  and 

WiiEiJEAS,  Said  election  was  regularly  held  on  the  16th  day  of  May, 
1893,  at  the  polling  places  in  all  the  wards  in  said  City  of  Atlanta,  and 
the  result  of  said  election  was  reported  to  the  Mayor  and  General  Co\in- 


Part  III. — Ordinances.  149 


cil,  as  required  b}'  law  and  ordinance,  to-wit :  at  its  meeting  on  the  22d  ^^^^  ^^  ^^.^^^^ 
day  of  May,  1893 ;  and  it  appearing  from  the  consolidated  returns  of  ''°"'^^- 
the  managers  that  the  number  of  votes  cast  at  said  election  was  sixteen 
hundred  and  forty-three  (1,G43),  of  which  number  sixteen  hundred 
and  seven  (1,607)  voted  for  water  bonds,  and  thirt3^-six  (3G) 
voted  against  water  bonds;  and  the  number  voting  for  water 
bonds  being  more  than  two-thirds  of  the  qualiiied  voters  registered 
for  said  election,  said  ]\Iayor  and  General  Council  declared  that  said 
election  resulted  in  favor  of  the  issue  of  said  bonds;  and 

Whereas,  The  ordinance  of  April  6,  1893,  aforesaid,  provided  for 
the  cancellation  of  the  bonds  returned  to  said  city  by  the  Capital  City 
Bank  and  the  American  Trust  and  Banking  Compan}^,  to-wit:  the 
one  hundred  and  eighty-two  thousand  dollars  of  bonds  sold  to  said 
banks,  as  aforesaid;  and 

Whereas,  Said  bonds  so  returned  to  said  city  have  been  cancelled 
and  destroyed,  as  appears  from  the  report  of  the  Finance  Committee, 
made  to  the  General  Council  at  this  meeting ;  and 

Whereas,  In  the  judgment  of  the  Mayor  and  General  Council  of 
the  City  of  Atlanta,  it  is  necessary  to  the  completion  and  equipment 
of  the  new  waterworks  of  the  City  of  Atlanta  that  the  bonds  author- 
ized to  be  issued  by  the  assent  of  the  people,  at  the  election  held  on  the 
16th  day  of  May,  1893,  should  be  issued  and  sold;  therefore, 

Sec.  460.  Ordained,  That  one  hundred  and  eighty-two  bonds  of 
the  City  of  Atlanta,  of  the  denomination  of  one  thousand  dollars  each,  yeirs!°4'  per 
aggregating  one  hundred  and  eighty-two  thousand  dollars  of  such  bonds  ^author- 
I)onds,  numbered  from  one  to  one  hundred  and  eighty-two,  inclusive, 
l)earing  interest  at  the  rate  of  four  per  centum  per  annum,  principal 
and  interest  to  be  payable  in  gold  coin  of  the  United  States  of  America 
of  the  present  standard  of  weight  and  fineness,  or  its  equivalent,  at 
the  date  of  maturity  of  the  interest  coupons  and  of  the  principal' of 
said  bonds  respectively,  as  hereinafter  provided  for,  shall  be  prepared 
by  the  Mayor,  Clerk  of  Council,  Treasurer  and  Comptroller  of  said 
City  of  Atlanta,  and  shall  be  sold  by  the  Finance  Committee  of  the 
General  Council  of  said  city  for  the  best  price  obtainable,  Avhether  it 
be  at,  above  or  below  par  value,  and  the  proceeds  of  the  sale  of  such 
bonds  shall  be  used  only  in  the  completion  and  (>qui])mcni  of  tlie  new 
waterworks  of  said  city. 

Sec.  461.  The  bonds  herein  provided  for  shall  bear  date  June  1, 
1893,  and  the  principal  thereof  shall  mature  and  be  paid  off  on  the 
31st  day  of  May,  1923,  at  the  office  of  the  Treasurer  of  the  City  of 
Atlanta,  in  said  city,  or  in  the  City  of  N'ew  York,  at  the  option  of  the 
holders.  Xo  part  of  the  principal  of  said  bonds  is  to  be  paid  annually, 
but  the  whole  of  such  principal  is  to  run  to,  and  mature  on,  the  31st 
day  of  May,  1923,  as  aforesaid. 

Sec.  462.     The  interest  on  the  issue  of  bonds  herein  provided  for 


150  Part  III. — Ordinances. 


shall  be  evidenced  by  coupons  attached  to  such  bonds,  and  having  the 
signature  of  the  Treasurer  lithographed  thereon,  as  in  previous  issuer 
of  bonds  of  said  City  of  Atlanta,  and  be  payable  semi-annually  at  the  ' 
office  of  such  Treasurer  in  said  City  of  Atlanta,  and  in  the  City  of 
New  York.  The  first  coupon  on  each  of  said  bonds  shall  mature  Jan- 
uary 1,  1894,  and  the  remaining  coupons  semi-annually  thereafter. 
The  first  coupon  on  each  of  said  bonds  shall  be  for  the  sum  of  twenty- 
three  and  tA  dollars,  and  the  remaining  coupons  thereon  for  twent} 
dollars  each,  except  the  last  coupon,  which  shall  be  for  the  ?um  of  six- 
teen and  ToV  dollars. 

Sec.  463.  The  bonds  herein  provided  for  shall  be  signed  by  the 
Mayor,  or  in  his  absence  or  disability,  the  Mayor  pro  tern.,  City  Clerk 
and  Treasurer  and  countersigned  by  the  City  Comptroller,  and  the 
body  of  said  bonds  shall  be  in  the  form  following,  to-wit : 

United  States  of  America. 

$1,000.  State  of  Georgia.  $1,000. 

City  of  Atlanta. 

new  water  bond. 

Know  all  men  by  these  presents.    That  the    City   of    Atlanta, 


Form  of  bond. 


Georgia,  is  indebted,  and  hereby  promises  to  pay  to  H.  C.  Stockdell, 
Chairman  of  the  Finance  Committee,  or  bearer,  one  thousand  dollar^ 
in  gold  coin  of  the  United  States  of  America  of  the  present  standard  of 
weight  and  fineness,  or  its  equivalent,  on  the  31st  day  of  May,  19x.'3, 
at  the  designated  depository  of  said  city  in  New  York  City,  or  at  the 
Treasurer's  office  in  said  City  of  Atlanta,  with  interest  thereon  at  the 
rate  of  four  per  centum  per  annum,  payable  in  gold  coin  of  the  United 
States,  of  the  present  weight  and  fineness,  or  its  equivalent,  semi- 
annually on  the  first  days  of  July  and  January  of  each  year,  at  the 
said  designated  depository  in  New  York  City,  or  at  the  Treasurer's 
office  in  Atlanta,  Georgia. 

This  bond  is  one  of  a  series  of  one  hundred  and  eighty-two  bonds  of 
like  date  and  character  of  the  denomination  of  one  thousand  dollars 
each,  aggregating  one  hundred  and  eighty-two  thousand  dollars,  and 
numbered  from  one  to  one  hundred  and  eighty-two,  inclusive,  author- 
ized to  be  issued  by  an  ordinance  adopted  by  the  Council  of  the  City 
of  Atlanta,  concurred  in  by  the  Board  of  Aldermen,  and  approved  by 
the  Mayor  of  said  city.  May  23, 1893,  in  conformity  to  the  Constitution 
of  the  State  of  Georgia  and  an  Act  of  the  Legislature,  thereunder  ap- 
proved by  the  Governor,  September  4,  1889,  authorizing  the  issue  and 
sale  of  two  hundred  and  fifty  thousand  dollars  in  bonds  of  said  city,  for 
the  purpose  of  enlarging  the  water  supply  thereof,  and  in  accordance, 
also,  with  the  general  laws  of  the  State  of  Georgia,  authorizing  and 
regulating  the  issue  of  county  and  municipal  bonds. 


Part  III. — Ordinaxces.  151 


of  said  bonds,  the  Mayor  and  General  Council  of  said  City  of  Atlanta 
called  an  election  for  that  purpose,  by  an  ordinance  approved  on  the 
6th  day  of  April,  1893,  and  after  full  notice  to  the  voters  of  said  city, 
published  as  required  by  law,  such  election  was  held  in  conformity 
with  the  Constitution  and  laws  of  the  State  of  Georgia  and  the  charter 
and  ordinances  of  the  City  of  Atlanta,  to-wit :  on  the  16th  day  of  May, 
1893,  in  which  election  more  than  two-thirds  of  the  qualified  voters 
of  said  city  registered  for  said  election  voted  in  favor  of  assenting  to 
said  issue  of  bonds,  according  to  the  returns  made  by  the  managers  of 
said  election  to  the  Mayor  and  General  Council,  and  the  declaration  of 
the  result  of  said  election  made  by  said  Mayor  and  General  Council, 
to-wit :  at  the  meeting  held  on  the  22d  day  of  May,  1893. 

For  the  prompt  pa^^ment  of  the  principal  and  interest  of  this  bond, 
the  faith,  credit  and  taxing  power  of  the  City  of  Atlanta  is  pledged, 
and  this  bond  is  declared  exempt  from  all  taxes  by  said  city. 

In  witness  whereof,  as  provided  for  in  said  ordinance,  the  Mayor, 
City  Clerk  and  Treasurer  have  signed  this  bond,  and  the  City  Comp- 
troller has  countersigned  the  same,  and  affixed  thereto  the  seal  ol  the 
City  of  Atlanta,  Georgia,  this  1st  day  of  June,  1893. 

■ ,  j\Iayor. 

,  City  Clerk. 

,  Treasurer. 

Countersigned : 
,  City  Comptroller. 

Sec.  464.     An  annual  tax,  beginning  with  the  vear  1893  and  ex-  „.  , .      ,    , 

~  ~  ^  sinking    lund- 

tending  to  and  including  the  year  1931,  is  hereby  levied  on  the  tax-  ^Je''li^^'^  *" 
able  property  in  said  city,  sufficient  to  raise  the  sum  of  thirteen  thou- 
sand, two  hundred  and  eighty  dollars  per  annum,  of  which  sum  the 
amount  of  seven  thousand,  two  hundred  and  eighty  dollars  per  annum 
shall  be  appropriated  and  applied  to  the  payment  of  the  annual  inter- 
est on  the  issue  of  bonds  provided  for  in  this  ordinance,  and  the  re- 
maining sum  of  six  thousand  dollars,  so  collected  each  year,  shall  be 
placed  and  kept  intact  in  a  sinking  fund  for  the  extinguishment  of  the 
principal  of  said  bonds.  And  for  the  year  1922,  a  tax  of  fifteen  thou- 
sand, two  hundred  and  eighty  dollars  is  hereby  levied,  to  be  collected 
from  the  taxable  property  of  said  city,  of  which  seven  thousand,  two 
hundred  and  eighty  ($7,280.00)  dollars  shall  be  applied  to  the  pav- 
mcnt  of  the  interest  falling  due  that  year,  on  this  issue  of  bonds,  and 
eight  thousand  dollars  to  be  applied  to  complete  the  sinking  fund  for 
the  payment  of  the  principal  of  said  bonds.  The  whole  of  said  sink- 
ing fund  shall  be  used  to  pay  off  the  principal  of  said  bonds,  at  their 
maturity,  to-wit:  on  May  31,  1923. 

Sec.  465.     The  faith  and  taxing  power  of  the  City  of  Atlanta    is 


152 


Part  III. — Ordinances. 


hereby  pledged  to  the  punctual  and  full  payment  of  the  principal  and 
interest  of  the  issue  of  bonds  provided  for  in  this  ordinance. 

Sec.  466.  The  ordinance  approved  September  26,  1892,  authoriz- 
ing the  issue  of  $182,000.00  in  water  bonds,  dated  January  2,  1893, 
which  bonds  have  been  cancelled,  as  aforesaid,  and  all  other  ordinances 
and  parts  of  ordinances  in  conflict  with  this  ordinance  are  hereby  re- 
pealed. 


May 


$50,000    30 
years  4i/^    per 
cent,    redemp- 
tion   bonds, 
due  Dec.  31, 
1924. 


November    10. 

1894. 


November    10, 
1894. 


$50,000  4  per 
cent,  author- 
ized. 


December     17, 


Sec.  467.  The  Finance  Committee  is  instructed  to  have  prepared 
fifty  thousand  dollars  of  coupon  bonds  of  the  City  of  Atlanta,  paya- 
ble, principal  and  interest,  in  gold  coin  of  the  United  States  of  Amer- 
ica, of  the  present  standard  of  weight  and  fineness  or  its  equivalent,  as 
follows :  Fifty  bonds  of  one  thousand  dollars  each,  said  bonds  to  be 
due  and  payable  in  thirty  years  from  date,  and  to  bear  date  January 
1,  1895,  and  due  December  31,  1924,  the  coupons  to  be  payable  semi- 
annually, on  the  first  days  of  July  and  January  each  year,  for  the  in- 
terest on  same,  at  41/^  per  cent,  per  annum.  Said  bonds  and  coupons 
to  be  payable  in  New  York  or  at  the  Treasurer's  office  in  Atlanta,  and 
to  be  free  from  city  taxes ;  said  bonds  to  be  signed  by  the  Mayor,  John 
B.  Goodwin;  Treasurer,  Jos.  T.  Orme,  and  City  Clerk,  Park  Wood- 
ward, and  countersigned  by  the  City  Comptroller,  John  H.  Goldsmith, 
with  the  seal  of  the  City  of  Atlanta  affixed  thereto,  and  the  coupons 
attached  to  said  bonds  to  have  the  name  of  the  City  Treasurer  litho- 
graphed thereon ;  said  bonds  to  be  used  in  refunding,  or  to  be  sold  un- 
der the  direction  of  the  Finance  Committee  of  this  body,  and  the  pro- 
ceeds thereof  applied  to  the  redemption  of  fifty  bonds  of  one  thousand 
dollars  each,  amounting  to  fifty  thousand  dollars,  known  as  "Bonds  to 
Fund  the  Floating  Debt,"  falling  due  January  1,  1895,  and  dated  Oc- 
tober 1,  1879,  bearing  interest  at  the  rate  of  six  per  cent,  per  annum, 
said  fioating  debt  having  been  in  existence  from  a  period  prior  to  the 
adoption  of  the  Constitution  of  Georgia  of  1877. 

Sec.  468.  The  ordinance  approved  November  10,  1894,  providing 
for  the  issue  and  sale  of  gold  bonds  of  the  City  of  Atlanta,  aggregat- 
ing the  principal  sum  of  fifty  thousand  dollars,  to  bear  datc^  from  Jan- 
uary 1,  1895,  and  to  bear  interest  at  41/2  per  centum  per  annum,  for 
the  purpose  of  retiring  or  refunding  fifty  thousand  dollars  of  bonds 
of  said  City  of  Atlanta,  maturing  January  1,  1895,  is  hereby  amended 
by  adding  thereto  the  following  sections,  to- wit : 

Sec.  469.  An  annual  tax,  to  begin  with  the  year  1895,  and  close 
with  the  year  1924,  and  include  all  intervening  years,  is  hereby  levied 
on  the  taxable  property  in  said  City  of  Atlanta,  sufficient  to  raise  the 
sum  of  tliirty-nine  hundred  and  seventeen  dollars,  of  which  sum  the 
amount  of  twenty-two  hundred  and  fifty  dollars  per  annum  shall  be 
appropriated  and  applied  to  the  payment  of  the  annual  interest  on  the 
issue  of  bonds  provided  for  in  this  ordinance,  and  tlie  remaining  sum 


Part  III. — Ordinances.  153 


of  sixteen  hundred  and  sixty-seven  dollars,  so  collected  each  year,  shall 
be  placed  and  kept  intact  in  a  sinking  fund  for  the  entinguishment  of 
the  principal  of  said  bonds  at  their  maturity,  to-wit:  on  December  31, 
1924;  and  the  sinking  fund  so  provided  shall  be  nscd  then  in  paying 
off  the  principal  of  said  bonds. 


Sec.  470.     The  Finance  Committee  is  instructed  to  have  prepared 


Redemption 


and  to  sell  fifty  thousand  dollars  of  coupon  bonds,  as  follows :     Fifty  bonds,  $50,000, 

^  '  "^  4  per  cent. 

l)onds  of  one  thousand  dollars  each,  aggregating  fifty  thousand  dol-  authorized, 
lars,  said  bonds  to  be  due  and  payable  in  thirty  years  from  date,  to  ^g^^'""^^'"  2^' 
Ijear  date  January  1,  1896,  the  coupons  to  be  payable  semi-annually, 
on  the  first  days  of  July  and  January  of  each  year,  for  the  interest  on 
the  same  at  four  per  cent,  per  annum ;  said  bonds  and  coupons  to  be 
])ayable  in  gold  coin  of  the  United  States,  of  the  present  standard  of 
weight  and  fineness,  or  its  equivalent,  either  in  ISTew  York  or  at  the 
Treasurer's  office  in  the  City  of  Atlanta,  at  the  option  of  the  holder, 
and  to  be  free  from  city  taxes.  Said  bonds  to  be  signed  by  the  Mayor 
and  City  Treasurer,  and  countersigned  by  the  City  Comptroller,  afiix- 
ing  thereto  the  seal  of  the  city.  The  coupons  to  be  attached  to  said 
bonds  shall  have  the  signature  of  the  Treasurer  lithographed  thereon. 
Said  bonds  to  be  sold  by^  the  Finance  Committee  of  said  body  for  not 
less  than  par,  and  the  proceeds  thereof  applied  to  the  redemption  of 
fifty  bonds  of  one  thousand  dollars  each,  aggregating  fifty  thousand 
dollars,  known  as  "Bonds  to  Fund  the  Floating  Debt,"  maturing  Jan- 
uary 1,  1896,  dated  October  1,  1879,  bearing  interest  at  six  per  cent, 
per  annum. 

Sec.  471.  The  form  of  the  bonds  herein  provided  for  shall  be  as 
follows : 

United  States  of  America. 

State  of  Georgia — City  of  Atlanta. 

redemption  bond. 

issued  to  meet  maturing  bonds. 

Know  all  men  by  these  presents.  That  the  City  of  Atlanta, 
Georgia,  is  indebted  and  hereby  promises  to  pay  to  Hugh  T.  Inman, 
Chairman  of  the  Finance  Committee,  or  bearer,  one  thousand  dollars 
in  gold  coin  of  the  United  States,  of  the  present  weight  and  fineness,  ^°""  °^  ^°°'^^- 
or  its  equivalent,  on  the  first  day  of  January,  1926,  at  the  designated 
depository  of  said  city  in  New  York  or  at  the  office  of  the  City  Treas- 
urer in  Atlanta,  Georgia. 

This  bond  is  one  of  a  series  of  fifty  bonds  of  like  date  of  one  thou- 
sand dollars  each,  numbered  from  one  to  fifty,  inclusive,  amounting  to 
fifty  thousand  dollars,  issued  to  meet  fifty  bonds  of  one  thousand  dol- 
lars each,  aggregating  fifty  thousand  dollars,  which  mature  on  Jan- 
uary 1,  1896,  by  authority  of  an  ordinance  adopted  by  the  Coimcil 


154  Part  III. — Ordinances. 


IsTovember  18,  1895,  concurred  in  by  the  Aldermanic  Board  November 
23,  1895,  and  approved  by  the  Honorable  Porter  King,  Mayor,  ■STovem- 
ber  23,  1895.  Said  ordinance  having  been  passed  in  pursuance  of 
power  granted  in  Section  132  of  the  Acts  of  Incorporation  of  the  City 
of  Atlanta,  passed  by  the  General  Assembly  of  the  State  of  Georgia 
and  approved  by  the  Governor  on  November  13,  1889,  to  amend  the 
charter  of  the  City  of  Atlanta,  which  provides  for  the  issuance  of 
bonds  of  said  city  to  meet  maturing  and  outstanding  bonds. 

For  the  prompt  payment  of  the  principal  and  interest  of  this  bond, 
the  faith,  credit  and  taxing  power  of  the  City  of  Atlanta  is  pledged. 
This  bond  is  declared  exempt  from  all  taxes  by  said  city. 

In  witness  whereof  (as  provided  for  in  said  ordinance),  the  Mayor 
and  Treasurer  have  signed  this  bond,  and  the  City  Comptroller  has 
countersigned  the  same  and  affixed  thereto  the  seal  of  the  city. 

This  first  day  of  January,  1896. 

,  ]\Iayor. 

,   Treasurer. 

Countersigned  by 
,  Comptroller. 

Sec.  472.     The  Finance  Committee  is  instructed  to  have  prepared 
and  to  sell  seventy-four  thousand  dollars  of  coupon  bonds,  as  follows : 
dKtVn '        Seventy-four  bonds  of  one  thousand  dollars  each,  aggregating  seventy- 
S%o "years  four  thousaud  dollars,  said  bonds  to  be  due  and  payable  in  thirty 
duryr*"       years  from  date,  to  bear  date  January  1,  1897.     The  coupons  to  be 
November  20,  payable  semi-annually,  on  the  first  days  of  Jidy  and  January  of   each 
year,  for  the  interest  on  the  same,  at  four  per  cent,  per  annum.     Said 
bonds  and  coupons  to  be  paid  in  gold  coin  of  the  United  States  of  the 
present  standard  weight  and  fineness,  or  its  equivalent,  eitlior  in  Xew 
York  or  at  the  Treasurer's  office  in  Atlanta,  Georgia,  at  the  option  of 
the  holder,  and  to  be  free  from  city  taxes.     Said  bonds  to  be  signed 
by  the  Mayor  and  City  Treasurer  and  countersigned    by    the     City 
Comptroller,  affixing  thereto  the  seal  of  the  city.     Tlie  couijons  at- 
tached to  said  bonds  shall  have  the  signature  of  the  Treasurer  litho- 
graphed thereon.     Said  bonds  to  be  sold  by  the  Finance  Committee  of 
this  body  for  not  less  than  par,  and  the  proceeds  thereof  to  he  applied 
to  the  redemption  of  fifty  bonds  of  one  thousand  dolhirs  each,    ;\\\i\ 
forty-eight  bonds  of  five  hundred  dollars  each,  both  issues  ainovmtiiig 
to  seventy-four  thousand  dollars,  dated  January  1,  1877,  and  due  J;in- 
uary  1,  1897,  and  bearing  interest  at  eight  per  cent,  per  aninini. 

Sec.  473.     The  form  of  the  bonds  herein  pi-ovided  for  shall  he  as 
follows : 


Part  III. — Ordinances.  155 


United  States  of  America. 

State  of  Georgia — City  of  Atlanta. 

redemption  bond. 

issued  to  meet  maturing  bonds. 

Know  all  men  by  these  presents.  That  the  City  of  Atlanta, 
Georgia,  is  indebted,  and  hereby  promises  to  pay  Hugh  T.  Inman, 
Chairman  of  the  Finance  Committee,  or  bearer,  one  thousand  dollars  Form  of 
in  gold  coin  of  the  United  States,  of  the  present  weight  and  fineness, 
or  its  equivalent,  on  the  first  day  of  January,  1927,  at  the  designated 
depository  of  said  city,  in  JSTew  York,  or  at  the  office  of  the  City  Treas- 
urer in  Atlanta,  Georgia,  with  interest  thereon  at  the  rate  of  four  per 
cent,  per  annum,  payable  in  gold,  as  aforesaid,  semi-annually,  on  the 
first  days  of  July  and  January  of  each  year,  at  tlio  said  designated  de- 
pository in  N'ew  York,  or  the  City  Treasurer's  office  in  Atlanta,  Geor- 
gia. 

Tliis  bond  is  one  of  a  series  of  seventy-four  bonds  of  one  thousand 
dollars  each  and  like  date,  numbered  from  one  to  seventy-four,  inclus  - 
ive,  amounting  to  seventy-four  thousand  dollars,  issued  to  meet  fifty 
bonds  of  one  thousand  dollars  each,  and  forty-eight  bonds  of  five  hun- 
dred dollars  each,  aggregating  seventy-four  thousand  dollars,  Ee- 
demption  bonds  dated  January  1,  1877,  and  maturing  January  1, 
1897.  By  authority  of  an  ordinance  adopted  by  the  General  Council 
November  16,  189G.  Concurred  in  by  the  Aldermanic  Board  Novem- 
ber 19,  1896,  and  approved  by  the  Honorable  Porter  King,  Mayor, 
Kovember  20,  1896.  Said  ordinance  having  been  passed  in  pursuance 
of  power  granted  in  Section  132  of  the  Acts  of  Incorporation  of  the  ^'°''-  ^'^' 
City  of  Atlanta,  passed  by  the  General  Assembly  of  the  State  of  Geor- 
gia, and  approved  by  the  Governor  November  13,  1889,  to  amend  the 
charter  of  the  City  of  Atlanta,  which  provides  for  the  issuance  of 
bonds  of  said  city  to  meet  maturing  and  outstanding  bonds.  For  the 
prompt  payment  of  the  interest  and  principal  of  this  bond,  the  faith, 
credit  and  taxing  power  of  the  City  of  Atlanta  are  pledged.  This  bond 
is  declared  exempt  from  all  taxes  by  said  city. 

In  witness  whereof,  as  provided  for  in  this  ordinance,  the  Mayor 
and  Treasurer  have  signed  this  bond,  and  the  City  Comptroller  has 
countersigned  the  same  and  affixed  thereto  the  seal  of  the  city. 

This  first  day  of  January,  1897. 

,  ]\Iayor. 

,  Treasurer. 

Countersigned : 
,  City  Comptroller. 

Sec.  171.  Whereas,  Three  hundred  bonds  of  the  City  of  Atlanta, 
of  the  denomination  of  $1,000.00  each,  issued  under  authority  of  the 

^■-'^<^   y 


156 


Part  III. — Ordixaxces. 


Preamble  to 
ordinance   au 
thorizing 
$300,000    of 
refunding 
bonds. 


To  bear 
est  at  4 
cent. 


charter  of  the  said  city  and  of  a  resolution  aj^proved  on  the  11th  day  of 
November,  1868,  bearing  interest  at  seven  per  cent,  per  annum,  for 
the  purpose  of  aiding  in  the  construction  of  the  Georgia  Air  Line 
Eailroad,  will  mature  and  be  payable  on  the  first  day  of  January. 
1899 ; and 

Whereas^  There  are  not  sufficient  funds  in  the  treasury  of  the  City 
of  Atlanta  available  for  the  purpose  of  paying  said  bonds ;  and 

Whereas^  By  an  Act  approved  on  the  13th  day  of  November,  1889, 
the  Mayor  and  General  Council  of  the  City  of  Atlanta  were  authorized 
to  issue  new  bonds  of  said  City  of  Atlanta  to  refund  the  bonded  debt 
of  said  city;  therefore 

Be  it  ordained  hjj  the  Mayor  and  General  Council  of  the  Cii;/  of 
Atlanta,  as  follows: 

Sec.  475.  The  Finance  Committee  of  the  General  Council  of  the 
Three  hundred  Citv  of  Atlanta  is  hereby  authorized  and  directed  to  have  prepared  and 
$1,000.00  each    jq  ggH   for  not  less  than  par,  three  hundred  bonds  of  the  City  of  At- 

to  be  issued,  '  ^  ^  ^    ^ 

and  to  mature  la^ta,  of  the  denomination  of  $1,000.00  each,  to  be  dated  January  1, 

m  thirty  '  ' 

years.  1399^  .^-^^^  to  niaturo  December  31,  1928.  to  l)ear  interest  at  the  rate  of 

four  per  cent,  per  annum,  vdiich  interest  slijill  he  payable  on  the  first 
days  of  July  and  January  of  each  year,  and  shall  be  evidenced  by  cou- 
pons maturing  on  those  days,  except  that  the  coupons  for  the  last  half 
year's  interest  shall  mature  on  the  31st  day  of  December,  1938.  The 
principal  and  interest  on  which  bonds  shall  be  payable  in  gold  coin 
of  the  United  States  of  America,  of  the  present  standard  of  weight 
and  finenessj  or  its  equivalent,  and  the  proceeds  of  the  sale  of  said 
bonds  shall  be  applied  only  to  the  payment  or  retiring  of  the  maturing 
bonds  hereinbefore  described. 

Sec.  476.     The  bonds  herein  authorized  shall  be    signed    by    the 

Bonds,  how       Mayor  of  the  City  of  Atlanta,  and  the  Clerk  of  Council  of  said  city, 

°'°"^  '  and  shall  be  countersigned  by  the  Comptroller  of  said  city,  and  the  in- 

terest coupons  on  said  bonds  shall  bear  the  signature  of  the  Treasurer 
of  said  city,  which  may  be  lithographed  thereon. 

Sec.  477.  The  principal  and  interest  of  the  issue  of  bonds  herein 
authorized  shall  be  payable,  at  the  option  of  the  holder,  at  the  Treas- 

where  payable,  urer's  officc  in  the  City  of  Atlanta,  or  at  the  designated  do]')Ository  of 
said  city  in  the  City  of  New  York. 

Sec.  478.  The  bonds  authorized  by  this  ordinance  shall  be  exempt 
from  taxation  by  the  City  of  Atlanta,  and  the  good  faith  and  taxing 
power  of  the  City  of  Atlanta  are  pledged  for  their  i)unciual  and  full 
payment. 

Sec.  479.  The  ordinance  approved  on  the  21st  day  of  October, 
1898,  authorizing  the  issuing  of  three  hundred  bonds  of  the  denomi- 
nation of  $1,000.00  each,  to  refund  three  hundred  thousand  dollars  o£ 
bonds  issued  in  aid  of  the  Georgia  Air  Line  Railroad,  be  and  tlie  same 
is  hereby  so  amended  as  to  ])rovide  tliai  the  Tefunding  honds  slinll  hear 


Payable 
gold. 


Not  taxable  by 
city. 

Oct.   21,   1898. 


Amending  the 
ordinance     au- 
thorizing the 
issue    of 
$300,000.00    of 
bonds. 
Dec.    IZ,    1898. 


Part  III. — Ordinances.  157 


date  on  the  second  day  of  January,  1899,  instead  of  on  the  first  day 
of  Jamiary,  1899,  the  first  day  of  January  being  Sunday. 

Sec.  480.  Whereas,  By  an  ordinance  of  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  Georgia,  approved  October  21,  1898, 
tlie  Finance  Committee  of  the  General  Council  of  the  City  of  Atlanta,  thoHzed. 
Georgia,  was  authorized  and  directed  to  sell  three  hundred  bonds  of 
the  City  of  Atlanta,  Georgia,  of  the  denomination  of  one  thousand 
($1,000.00)  dollars  each,  for  the  purposes  and  of  the  character  in  said 
ordinance  described;  and 

Whereas,  Said  bonds  have  been  sold  at  a  rate  which  makes  it  un-  Not  necessary 

to   use  entire 

necessary  to  use  the  entire  issue  authorized  by  said  ordinance;  there- issue, 
fore 

Be  it  ordained  hy  the  Mayor  and  General  Council  of  the  City  of 
Atlanta,  Georgia,  as  folloivs: 

Sec.  481.     That  two  hundred  and  seventy-five  of  said  bonds  be  exe-  .j,^^^  hundred 
cuted  and  delivered  to  the  purchaser,  on  pa^^ment  therefor,  and  the  ^^^  b^nds^to 
remaining  twenty-five  of  said  bonds  be  not  executed  by  the  officers  of  and^lwenty-five 
the  city,  but  that  said  forms  of  said  blank  bonds  be  cancelled  and  de-j^^^^dest^royed.*"* 
stroj'^ed  by  the  Mayor  of  said  city,  so  that  the  number  of  bonds  that  be- 
come outstanding,  under  said  ordinance,  shall  be  two  hundred  and 
seventy- five  instead  of  three  hundred,  as  provided  in  said  ordinance; 
and 

Whereas,  It  is  desirable  to  provide  for  the  payment  of  the  interest 
on  said  bond's,  and  for  the  payment  of  the  principal  at  their  maturity ; 

Be  it  ordained  by  the  Mayor  and  General  Cottncil  of  the  City  of 
Atlanta,  Georgia,  as  follows: 

Sec.  482.  That  provision  be  and  is  hereby  made  for  the  assessment 
and  collection  of  an  annual  tax,  sufficient  in  amount  to  pav  the  prin-  payment  of 

„,■,,       principal    and 

cipal  and  interest  on  said  two  hundred  and  seventv-five  bonds,  to  be  interest  of 

"  ■        said  bonds. 

and  become  outstanding  within  thirty  years  from  the  date  of  said 

'^  -^     -^  Dec.    23,    1898. 

bonds. 

Sec.  483.     Holders  of  coupon  bonds  issued  by  the  City  of  Atlanta 
may,  if  they  so  desire,  have  such  bonds  registered  in  the  same  man-  ^"y^b"  regil^ 
ner  as  holders  of  State  of  Georgia  bonds,  as   prescribed   in    Sections  *^''®'^" 
1010,  1011  and  1012,  Volume  1,  of  the  State  Code  of  1895. 

Sec.  484.  Bonds  for  registration,  as  provided  in  Section  483,  shall 
be  presented  to  the  City  Treasurer,  who  shall  detach  the  coupons  from 
such  bonds  in  the  presence  of  the  Mayor  and  Chairman  of  the  Finance 
Committee,  and  shall  stamp  on  the  back  of  such  bond  the  words  writ- 
ten below,  with  his  name  signed  thereto : 

"By  authority  of  and  in  compliance  with  an  ordinance,  adopted  by 
the  Mayor  and  General  Council,  on  March  6,  1899,  this  bond  is  reg- 
istered in  the  name  of .  whose  signature  is  placed  hereto  in 

acknowledgment  of  the  receipt  of  this  bond  from  the  City  Treasurer,. 


158 


Part  III. — Ordixaxces. 


and  that  he  has  also  signed  his  name  on  the  City  Bond  Registration 

Book,  in  the  City  Treasurer's  office  .     ISTo  transfer  of    this 

bond  will  be  recognized,  except  by  registration. 

,  City  Treasurer." 

Sec.  485.  The  City  Treasurer  shall  have  books  prepared  in  such 
forms  as  shall  show  the  numbers,  date  and  denomination  of  such 
bonds  registered  by  him;  also,  by  whom  signed,  and  with  such  accu- 
rate description  as  that  such  bonds  may  be  easily  identified,  with  post- 
office  address  of  the  owner,  so  that  the  semi-annual  payments  of  inter- 
est on  such  registered  bonds  may  be  promptly  and  safely  made;  and 
the  signature  of  the  owner  of  such  bond  or  bonds  shall  be  signed  on 
this  book. 

Sec.  486.  The  detached  coupons,  as  provided  in  Section  484,  shall 
be  turned  over  to  the  Finance  Committee  of  the  General  Council,  by 
the  City  Treasurer,  and  said  committee  shall  destroy  such  coupons 
and  make  report  of  the  same  at  the  next  regular  meeting  of  the  Gen- 
eral Council. 

Sec.  487.  The  City  Treasurer  shall  notify  the  City  Comptroller 
when  any  bonds  of  the  city  have  been  registered  by  him,  giving  a  de- 
tailed and  accurate  description  of  such  bonds  and  detached  coupons, 
so  that  the  City  Comptroller  may  make  such  records  on  the  books  in 
his  office-  as  to  fully  show  the  transactions  made  in  the  registration  of 
bonds,  as  heretofore  provided  in  this  ordinance. 


Mar.    10.    1809. 


CHAPTER  IX. 


BOARDS   OF   DIFPEREXT    DEPARTMEXTS. 


Section. 

488.  Preamble. 

489.  Qualifying   of   members. 


Section. 

490.  Absence   from   meetings  vacates— when. 


Sectiox  488.  Whereas,  "A  public  office  is  a  public  trust,"  and 
men  are  selected  for  public  positions  with  a  view  to  their  fitness  for 
'filling  the  same,  and  with  the  belief  that  the  men  so  selected  will  give 
necessary  time  and  attention  required  to  further  the  interest  of  the  dif- 
ferent departments  of  the  City  of  Atlanta;  therefore. 

Sec.  489.     Any  person  elected  by  the  Mayor  and  General  Council 
Qualify  within  to  fill  a  position  ou  any  of  the  different  boards  of  tlie  City  Govern- 
ter' election,      meut,  shall  prescut  himself  to  the  proper  officer  foi-  ([ualification  with- 
in thirty  days  after  election;  and  a  neglect  to  do  so,  without  an  ex- 
what  excuses,   eusc  of  sickucss  or  absencc  from  the  city,  or  Providential  cause,  shall 
be  deemed  sufficient  reason  to  declare  the  office  vacant;  and  the  Mayor 
and  General  Council  shall,  at  their  next  regular  meeting  after  being 
officially  notified,  proceed  to  fill  the  vacancy. 


Vacancy  de 
clared  and 
filled. 


Part  III. — Okdixances. 


159 


Sec.  490.  Any  person  elected  to  fill  a  position  on  any  of  the  dif-  ^^^^^^^^  from 
ferent  boards  of  the  City  Government  and  absenting  himself  from  as  [^^^  meounes 
many  as  four  consecutive  regular  meetings  of  the  board  to  which  he  '''^^^^'^^  "^''^■ 
may  be  a  member,  without  an  excuse  of  sickness  or  absence  from  the  ^'^^  ^^'  ^**' 
city,  or  providential  cause,  shall  be  deemed  sufficient  reason,  after  being 
officially  notified,  for  the  Mayor  and  General  Council  to  declare  the 
position  vacant  and  proceed  by  election  to  fill  the  same. 


CHAPTER  X. 


OFFICERS ORDIXAXCES    GOVERXIXG. 


Section. 

491.  Make   weekly   reports. 

492.  Must  live  in   cit.v. 

493.  Salaries. 

494-495.  Emplo3Tnent    of    extra   help. 

496.  Janitor. 

497.  Officers  handling  city  funds  must  not 
become  surety  on  obligations. 

40S.  Must  not  e.xceed  apportionment. 

499.  Liable    for    illegal    expenditures. 

500.  Removed   for   illegal   e.xpenditures. 

501.  Must  not  advance  money  to  employes  at 
exorbitant  interest. 

502.  Fined  and  removed  for  violating  Sec- 
tion  .501. 

503-504.  Surety  company  bonds  allowed,  and 
sureties  owning  real  estate  in  Georgia 
also   accepted. 

505.  Mayor,  alderman  or  councilman  not  to  be 
surety  on  officers'   bonds. 


Section. 

506.  Maj'or,  attorney,  etc.,  not  to  represent 
persons  charged  with  crime  in  cer^^ain 
cases. 

507.  Nor  any  other  city  officer  to  represent 
cases  adversely  to  city. 

508.  Collections  paid  Tax  Collector  same  day 
made. 

509.  Office  hours. 

510-511.   Prohibits  dual  offlceholding. 

512.  Acceptance  of  new  office— vacates  old. 

513.  Same  subject. 

514.  Goes  into   effect — when. 

515.  Not  to  affect  those  then  in  office. 

516.  No  witness  fees  to  officers  and  em- 
ploj'es. 

517.  Penalt3'    for    paying   illegal    witness   fees. 
-518.  Salaries  of  certain  officers. 

519.  Salaries  of  public  weighers. 


Sectiox  -191.     All  executive  officers  or  agents  of  the  incorporation, 
are  herebv  required  to  make  weeklv  reports  to  the  Mayor  and  General 

^  .  r  J  Weeklv  reports. 

Council,  in  writing,  of  all  sums  of  money,  or  any  other  property  re- 
ceived by  them,  and  all  sums  paid  by  them.  They  shall  also  report  all 
charges  that  may  occur  in  connection  with  their  offices,  in  favor  of  or 
against  the  corporation,  and  all  officers  and  agents  must  make  quar- 
terly reports,  in  writing,  to  the  Ma3^or  and  General  Council,  of  their 
actings,  and  pay  over  daily  all  moneys  or  other  things  received  by 
them  to  the  Tax  Collector.  On  failure  of  any  officer  or  agent  to 
comply  with  this  ordinance,  he  shall  be  liable  to  be  dealt  with  as  for 
other  misfeasance  or  malfeasance  in  office,  and  fined  at  the  discretion 
of  the  Mayor  and  Council,  or  be  dismissed  from  office,  or  both,  as  to 
them  shall  seem  proper. 

Sec.  492.  No  department  or  officer  of  the  City  Government  of  At- 
lanta shall  elect,  appoint  or  employ  for  service  or  continue  in  service  fj^iive'ln^city. 
any  person  who  is  not  a  bona  fide  citizen  of  said  City  of  Atlanta,  where 
the  work  or  service  is  to  be  performed  entirely  or  chiefly  within  said 
city,  unless  consent  of  the  Mayor  and  General  Council  is  first  ob- 
tained. 


160  Part  III. — Ordinances. 


Sec.  493.  The  following  bonds  are  required  of  the  officers  named, 
all  to  be  subject  to  approval  of  the  Finance  Committee  and  Mayor, 
to-wit : 


Bonds  of  city 
officers. 


June   20, 


Bond  of  City  Attorney    $     o,00o  00 

Bond  of  City  Clerk   10,000  00 

Bond  of  City  Comptroller    10,000  00 

Bond  of  City  Marshal    10,000  00 

Bond  of  City  Tax  Collector   75,000  00 

Bond  of  City  Treasurer   100,000  00 

Bond  of  City  Tax  Eeceivers  and  Assessors,  each 2,000  00 

Bond  of  City  Engineer   10,000  00 

Bond  of  Commissioner  of  Public  Works   10,000  00 

Bond  of  Recorder    5,000  00 

Bond  of  Sexton   1,000  00 

Bond  of  Chief  Fire  Department    1,000  00 

Bond  of  Street  Improvement  Collector 5,000  00 

and  all  other  officers  handling  public  funds  or  public  property  shall 
give  bonds  in  such  sums  as  may  be  from  time  to  time  fixed  by  the 
Mayor  and  General  Council. 

Sec.  494.     The  Finance  Committee  of  the  General  Council  of  the 
_  ^     ,  ,    .     City  of  Atlanta  mav,  in  the  discretion  of  said  committee,  contract  with 

tixtra.   help  m  •'  •'  '  ' 

Marshars  office  persous  employed  as  collectors  of  fi.  fas.  for  taxes  due  the  City  of  At- 

t^ilor^  ^"^-  lanta,  and  turned  over  to  the  Marshal  for  collection,  on  the  basis  of 

paying  such  collectors  a  percentage  of  the  fees  of  such  tax  executions 

instead  of  the  per  diem  pay  of  two  dollars  per  day,  as  provided  for  by 

the  ordinance  of  which  this  is  an  amendment;  provided,  that  neither 

the  City  Clerk  nor  the  Marshal,  nor  any  deputy  of  the  Clerk  or  ]\Iar- 

shal,  shall  be  interested  to  any  extent  in  the  fees  due  the  city  on  account 

of  issuing  or  collecting  such  tax  executions. 

Sec.  495.     No  extra  help  shall  be  employed  in  any  department  of 

the  city  whose  employes  are  under  the  control  of  the  Mavor  and  Gen- 
Extra   help   in  "^  ^      -^  *  .  . 

the  depart-       eral  Couucil,  cxcept  upon  application  to  the  Finance  Committee    m 

ments,  how  ap-  '  r-         i  i  j- 

pointed.  writing,  showing  the  necessity  of  such  aid.     Said  Finance  Committee 

shall  appoint  such  extra  help  if  considered  necessary  to  the  public  ser- 
vice, and  shall  report  to  the  next  following  meeting  of  the  General 
Council  their  action,  showing  why  said  extra  help  is  needed,  the  time 
for  which  said  appointment  is  made,  names  of  said  appointees  and 
the  expense  incurred  thereby;  provided,  however,  that  the  Tax  Com- 
mittee shall  control  the  appointment  of  extra  help  needed  in  the  As- 
sessors' office,  made  in  like  written  application,  and  said  committee 
shall  likewise  make  like  report  as  required  of  the  Finance  Commit  too 
to  the  next  following  meeting  of  the  General  Council. 

Sec.  490.     Tlio  i)ositi(>ii  of  Citv  Janitor  is    lierebv   created.      The 


Part  III. — Ordinances.  161 


term  of  oflfice  of  said  Janitor  shall  be  two  years  and  until  the  election  Janitor, 
and  qualification  of  his  successor. 

Sec.  497.     Ko  officer  of  said  city  who  handles  or  controls  any  of  o^eers  not  to 
the  funds  of  said  city  shall,  during  his  term  or  continuance  in  office,  ^'^"'^  security, 
become  surety,  guarantor  or  indorser  on  any  bond,  note  or  other  obli- 
gation for  any  person,  or  persons,  or  company,  or  corporation.     Any 
officer  of  said  city  violating  this  ordinance  shall  be  subject  to  removal 
or  suspension,  in  the  discretion  of  the  General  Council  of  said  city. 

Sec.  498.     It  shall  be  unlawful  for  any  board,  officer  or  department 
of  said  city  to  vote  or  expend  or  incur  liability  or  obligation  for   any  Annual  appro- 
amount  in  excess  of  the  annual  appropriation  made  by  the  Mayor  and  b" ^  exceeded.  ° 
General  Council  of  said  city  to  or  for  such  board,  officer  or  department 
for  any  year.     It  shall  be  unlawful  for  any  committee  of  Council  or 
the  head  of  any  department  to  approve  for  payment  any  bill,  account, 
order  or  resolution,  except  it  be  drawn  and  approved  for  payment  out 
of  some  fund  appropriated  for  expenditure  in  the    manner    covered 
thereby  and  remaining  unexpended,  and  it  shall  likewise  be  unlawful         _ 
for  the  City  Comptroller  to  draw,  or  the  Mayor  to  approve,  or  the  City 
Treasurer  to  pay  any  warrant  not  drawn  on  some  fund  so  appropri- 
ated and  remaining  unexpended;  that  is  to  say,  no  moneys  appropri- 
ated for  expenditure  in  any  department  shall  be  paid  out  on  bills,  ac- 
counts or  other  liabilities  originating  in  said  department,  except  for 
the  particular  items  of  expenditure  for  which  they  were  appropriated. 

Sec.  499.     The  city  shall  in  no  event  be  liable  for  the  payment  of  ofgcers  etc., 
any  amount  voted,  expended  or  incurred,  by  or  through  any    board,  imountl°nie- 
officer  or  department  of  said  city,  to  any  such  board,  officer  or  depart-  f^"^  expend- 
ment,  but  any  member  or  members  of  such  board  or  department,  and 
any  officer  of  said  city  participating  and  aiding  in  such  illegal  expend- 
iture, liability  or  obligation,  shall  be  individually  liable  to  the  city  for 
the  same  in  case  of  such  illegal  expenditure  made,  and  shall  be  indi- 
vidually liable  to  the  person  or  persons  contracted  or  dealt  with  in 
case  of  any  such  illegal  liability  or  obligation  incurred. 

Sec.  500.     Any  member  of  a  board  or  department  of  said  city  or  any 

v/  ./  Cause  for  rc- 

officer  thereof  who  shall  participate  and  aid  in  any  such  illegal  expend-  movai. 
iture,  or  in  the  attempted  incurring  of  any  such  illegal  liability  or  ob-  Apr.  s.  isoo. 
ligation,  shall  be  removed  from  office  or  service  under  said  city. 

Sec.  501.     It  shall  be  unlawful  for  any  officer  or  employe  serving  in 
any  of  the  departments  of  the  City  of  Atlanta  to  loan  money  to  the  ^  ^^.^^^^  ^^  ^^^^ 
hands  or  employes  of  such  department,  or  the  hands  or  employes  of  ^[JlJi'ers.^tc"^! 
any  other  department,  or  to  charge  for  obtaining  credit  for  any  such.  i""'"'^'ted. 
hand  or  employe,  except  that  loans  may  be  made  in  cases  of  emer-  ■^"'"'  ^"  '^^'^^' 
gency  requiring  the  same;  when  such  accommodations  are  made  in 
emergencies,  if  not  made  voluntarily,  without  charge,  they  shall  be 
made  for  only  such  charge  or  interest  as  may  be  reasonable,  the  time 
and  amount  advanced  considered.     It  shall    be    unlawful    for    anv 

(12) 


162  Part  III. — Oedixaxces. 


officer,  serving  in  any  of  the  departments  of  the  City  of  Atlanta,  to 
lend  money  to  the  hands  and  employes  of  the  departments  un- 
der which  said  officer  serves,  at  other  than  the  legal  rate  of 
interest,  and  it  shall  be  unlawful  for  the  officer  whose  duty  it  is  to  pay 
off  said  hands,  to  deduct  the  amount  so  loaned  from  the  pay  of  said 
hands.  Any  and  all  such  accommodations  or  advances  made,  to- 
loans  tf ''em^  gether  with  interest  or  charge  for  the  same,  shall  be  reported  by  the 
ute±  '"'^'  officer  or  person  in  charge,  making  the  same  to  the  head  of  the  depart- 
ment, or  if  made  by  the  head  of  the  department,  shall  be  reported  to 
the  chairman  of  the  proper  committee  of  the  General  Council;  such 
reports  to  be  made  monthly,  and  all  such  reports  to  be  filed  with  the 
Mayor;  and  the  chairman  of  each  department  and  the  Mayor  shall 
be  charged  with  the  duty  of  seeing  that  the  spirit  of  this  ordinance  is 
complied  with,  and  that  no  business  or  practice  shall  be  carried  on  of 

Usury   forbid-  . 

den  in  loans  to  making  loaus  by  officers  or  employes  to  other  employes  of  the  city, 
but  that  only  accommodation  loans  in  emergencies  and  for  proper 
charge  and  interest  shall  be  made  or  allowed;  but  in  no  event  shall 
any  charge  for  obtaining  credit  be  made  or  allowed. 

Sec.  502.     Any  officer  or  employe  of  the  city  government  violat- 
ing the  foregoing  section  shall,  on  conviction  thereof,  be  punished  by 

vfolation^"'  a  fine  of  not  exceeding  one  hundred  dollars,  or  imprisonment  not 
exceeding  thirty  (30)  days,  either  or  both  in  the  discretion  of  the 
Eecorder's  Court,  and  shall  also  be  dismissed  from  the  service  of  the 
city. 

Sec.  503.     Any  company,  with  a  paid  up  capital  of  not  less  than 

Fidelity  insur- two  liuiidred  aud  fifty  tliousaud  ($250,000)  dollars,  incorporated  and 

nies  may  be-    Organized  uudcr  the  laws  of  Georgia  or  any  other  State  of  the  United 

come  sureties  r^i  i^  i  i  p  •         i        • 

on  official        States,  or  any  foreign  State,  for  the  sole  purpose  ot  transacting  busi- 

bonds   of   city  •  "  -^^  oi-ip 

officers  and       r^css  of  fidelity  insurance,  as  surety    on  or  guarantor  of  bonds  of  per- 

others— under  .;  7  ./  o  1 

what  circum-  gons  or  Corporations,  and  which  shall  have  complied  with  all  require- 
A  r  2  1888  ™^^^s  of  law  for  liccuse  to,  aud  the  transaction  of  business  by  such 
But  see  next  Companies  in  Georgia,  may,  upon  proper  proof  thereof  and  upon  pro- 
bondsV^con-  ^uction  of  evidence  of  solvency  and  credit  satisfactory  to  the  ]\Iayor, 
tractors.  Judge,  Committee  of  Council,  head  of  department,  or  other  officer  or 

officers  in  and  of  said  City  of  Atlanta,  authorized  to  approve  and 
accept  bonds,  be  accepted  as  surety  on,  or  guarantor  of  any  bond  or 
bonds  of  any  person  or  corporation  now  or  that  may  be  required  by 
any  law,  ordinance,  or  other  regulation  in  or  of  said  city,  to  execute 
a  bond  in  lieu  of  any  surety  or  sureties,  security  or  securities  as  now 
required  by  any  law,  ordinance  or  regulation  aforesaid.  And  such 
company  may  be  released  from  its  liability  on  the  same  terms  and 
conditions  as  are  by  law  prescribed  for  the  release  of  individuals,  it 
being  the  true  intent  and  meaning  of  this  ordinance  to  enable  cor- 
porations created  for  that  purpose,  to  become  the  surety  on  or  guar- 
antor of  any  and  all  lioiids  r('(|uired  Ijy  the  laws,  ordinances,  or  regu- 


Part  III. — Ordinances.  163 


lations  of  said  City  of  Atlanta,  subject  to  all  the  liabilities  and  rights 
of  private  persons  in  respect  of  any  one  of  such  bonds. 

Sec.  50-i.     From  and  after  this  date  all  bonds  for  the  performance 
of  contracts  shall  be  signed   only    by   persons    owning  real  estate  in  f^°".j|  Ji^Tne'd''' 
Georgia;  except  that  fidelity  and  security  companies,  of  approved  and  o^iy^^^ht^'^own 
imdoubted  solvency  (to  be  determined  by  the   officer   or  other  party  Gewgla!^*^  "* 
taking  or  approving  the  bond),  may  be  taken  as  surety  and  the  solesept.  19,  isss. 
surety  upon  all  bonds,  official  or  otherwise,  that  under  the  charter  Bonds  of  sure- 
or  ordinances  of  the  City  of  Atlanta,  or  under  the  general  laws    are  accepT^.*"'^^ 
required  to  be  given  either  to  the  City  of  Atlanta  or  to  the  Mayor  and  .luiy  21,  i896. 
General  Council  of  the  City  of  Atlanta,  or  to  the  Mayor  of  said  city, 
or  to  any  officer  or  departments  of  said  city,  or  to  any  officer  or  head 
of  said  departments  of  said  city. 

Sec.  505.     No  member  of  the  General  Council,  Mayor,  Alderman 
or  Councilman,  from  and  after  this  date,  shall  become  a  surety  on  the  man  and  coun- 

.  .  oilman   not    to 

bond  of  any  city  official,  or  contractor  for  city  work.     A  violation  of  be  surety  on 

•J  ^  '  •>  any   bond   to 

this  section  shall  subject  the  city  official  to  dismissal  from  office,  or  city-  ^    ^^^_ 

•'  -'  Apr.    4,    188 1. 

a  new  bond  shall  be  made  without  anv  Councilman  or  Alderman    as  Dismissed  from 

office  for  vio- 

surety  thereon.  lation. 

Sec.  506.     The  Mayor,  members  of  the  General  Council,  the  Re- 
corder, the  City  Attorney  and   his    assistant    and   members    of    the  j^j^  ^^  ^ggg 
Board  of  Police  Commissioners,    are    prohibited    from  defending  orjj^^  ^^^^^^ 
aiding  in  the  defense  of  persons    charged   with   the  violation  of  the  !!Xe"n.^  '"''^'^^ 
laws  of  Georgia.     This   ordinance .  does  not   apply  to  cases  in  whicli 
either  of  said  officers  had  been  employed  before  its  adoption,  [nor  to  '^'"''  "'^' 
the  defense  of  prisoners  in  State  cases  where  the  officers  or  members 
of  the  police  force  are  not  real  prosecutors  or  chief  witnesses  against 
the  party  charged.] 

Sec.  507.     It  shall  not  be  lawful  for  any  person  holding  a  i)osilion 
or  office  under  the  citv  government  of  Atlanta,  to  whom  a  salary  or  shaii  not  as 

.  ,  ■,  •  1       •  ...  1     .  counsel    repre- 

compensation  is  paid  by  said  city,  to  institute  or  bring  as  attorney,  sent  suits, 
any  suit  or  legal  proceedings  against  said  city.     ISTor  shall  any  such  the 'city, 
person  hereafter,  during  his  continuance  in  any  such  position  or  office,  Mar.  4,  is89. 
become  employed  as  attorney  or  counsel  in  any  matter  or  cause  ad- 
versely to  said  city. 

Sec. -508.     It  shall  be  the  duty  of  all  officers  connected  with   the 
city  government,  whether  appointees  of  any  board  or  otherwise,  to  pay  collections 
over  to  the  Tax  Collector  the  same  day    on   which  it  is  collected,  all  "^"r*"  daiiy"™^*^ 
money  which  they  collect  for  the  city.     And  each  individual  sum  of  "■^*^"^'«''- 
money  shall  be  collected  and  reported  to  the  Comptroller  in  conform-  *^^'^'    '  ^^^^' 
ity  with  the  coupon  system.     Any  person  violating  this  section  may 
be  punished  by  dismissal  from  office,  in  the  discretion  of  the  Mayor 
and  General  Council. 

Sec.  509.     The  hours  of  keeping  the  city  offices  open  for  the  public,  office  houi-s. 
shall  be  from  eight  o'clock  a.  m.,  to  five  o'clock  p.  m.,  each  day,  except  '^^^'  ''  ^^^'' 


164  Part  III. — Ordixaxces. 

on  the  last  day  of  paA-ing  quarterly  licenses  and  general  taxes,  when 

the  offices  of  the  Clerk,  Tax  Assessors  and  Tax  Collector,  shall  be  kept 

open  until  eight  o'clock  p.  m. ;  provided,  that  nothing  herein  contained 

shall  be  so  construed  as  to  relieve  city  officials  and  employees  from  the 

duty  of  remaining  in  their  respective  offices  until  the  current  office 

hour^for^c^os-    "^^'o^k  for  the  day  shall  have  been  completed.     x4.nd  from  the  first  day 

saturdfys^.^  °^  of  ^^SLj,  to  the  first  day  of  September  the  city  offices  shall  be  closed 

May  4,  1899.      ou  Saturdays  at  two  o'clock  p.  m.     Should   the   last  day   for   paying 

city  taxes,  licenses  or  water  bills  fall  on  Saturday  during  said  period, 

then  the  books  shall  be  kept  open  on  the  following  ]\Ionday  for  coliect- 

ing  such  city  taxes,  licenses  or  water  bills. 

Sec.  510.  It  shall  be  unlawful  for  any  person  holding  a  position 
of  emolument,  appointed  by  the  President  of  the  United  States,  or  bv 

Office    holding  >     L  V  J  >  . 

regulated-       the  Govcrnor  of  the  State  of  Georgia,  or  election  by  the  people,  to 

prohibited.        occupy  Or  liold  the  position  of  Mayor,  Alderman,  or  Councilman  of 

the  City  of  Atlanta,  or  any   other   office   of   emolument  in  said  city 

government,  whether  said  office  be  by  election  or  appointment,  during 

the  time  he  holds  said  Federal,  State,  or  county  office. 

Sec.  511.  Xeither  the  Mayor,  Aldermen  nor  Councilmeu,  nor  any 
Aug.  1,  1895.  ^ny  other  officer  of  said  cit}^,  who  by  virtue  of  an  election  by  the  peo- 
ple, or  appointment  by  the  Mayor,  or  the  Mayor  and  General  Council, 
or  General  Council,  or  by  its  authority,  holds  said  office,  shall  be  eligi- 
ble to  hold  any  other  office  of  trust,  honor,  or  emolument  in  said  city 
government,  nor  shall  they,  or  any  other  person,  be  eligible  to  member- 
ship on  more  than  one  of  the  boards  of  said  city  at  the  same  time,  nor 
shall  any  member  of  the  General  Council  be  a  member  of  any  board 
under  said  city  government,  otherwise  than  as  provided  for  in  the 
charter  of  said  city. 

Sec.  513.  The  acceptance  by  the  Mayor,  or  any  member  of  said 
General  Council,  or  any  other  officer  of  said  city  government,  of  any 
position  of  trust,  honor,  or  emolument  in  the  Federal,  State  or  county 
governments,  shall  immediately  create  a  vacancy  in  the  office  he  holds 
in  said  city  government,  whether  held  by  election  or  appointment, 
which  vacancy  shall  be  filled  as  provided  by  law. 

Sec.  513.     Any  person  holding  any  position  in  the  city  government 

of  Atlanta,  either  by  election  or  appointment,  who  shall  accept  any 

nSti^i  ex^^^  other  position  in  said  city  government,  which  is  filled  by  election  or 

charter.''^  See    appointment,  shall  forfeit  the  office  he  holds  at  the  time  of  acceptance 

Sec.  61(a).       ^^^  ^^^.^  ^^^^^  office,  the  true   intent   and   meaning   of  this  ordinance 

being  to  prohibit  any  person  from  holding  more  than  one  office  at  the 

same  time  under  said  city  government,   or   holding  any  office  under 

said  city  government,  while  holding  any  other  office  under  the  United 

States,  State,  county  or  city  governments. 

Sec.  514.     The  provisions    of    this    ordinance    shall  not   apply  to 


See  Sec.   01  (a). 


Part  III. — Ordinances.  165 


cases  provided  for  in  the  charter  of  said  citv,  and  this  ordinance  shall  see  sec.  oi(a). 
go  into  operation  on  January  1st,  1896. 

Sec.  515     This  ordinance  shall  not  affect  the  title  of  any  member 
of  the  Council  now  holding  office  as  to  any  other  office  or  position  on  ^"^'  ^^'  "^^^^' 
any  of  the  boards  now  held  by  him,  nor  that  of  any  member  of  any  of 
the  boards  now  in  office. 

Sec.  516.     It  shall  not  be  lawful  for  the  officers  of  the  City  of  At- 
lanta, charged  with  the  duties  of  auditing  and  paying  bills  or  accounts  city  ofHoers 
against  the  city,  to  audit,  allow,  or  pay  any  bill  or  claim  for  witness  not  to  be  paid 

°  •"  '  >  i     J  J  for   attendance 

fees  in  favor  of  any  officer  of  the  City  of  Atlanta,  or  any  department  as  witnesses. 

of  the  city  government,  or  any  employe  of  the  city  government,  or  any 

department  thereof,  in  any  case  to  which  the  City  of  Atlanta  is  a 

party,  plaintiff  or  defendant,  and  when  the  officer  or  employe  serves 

as  witness  is  already  paid  a  salary    or   per   diem   wages  equal   to    or 

greater  than  the  witness  fees  allowed  by  law,  and  where  such  officer 

or  employe  has  not  lost  time  or  been  docked  in  his  regular  pay  for  the 

loss  of  time,  which  would  otherwise  have  been  paid  for,  by  reason  of 

his  attendance  at  court  as  a  witness  for  or  against  the  city  in  any  such 

ease. 

Sec.  517.     Any  auditing  or  accounting  officer,  or  any  officer  of  the 
city  government  charged  with  the  duty    of    paying   bills    or    claims  ^'S-ovaf  ot"^ 
against  the  city,  who  shall  violate  the  provisions  of  the  foregoing  sec-  j^ated.  '''^''' 
tion,  shall  be  subject,    on    conviction    thereof    before    the  Eecorder's  ott.  29,  1895. 
Court,  to  punishment  by  fine  not -exceeding  one  hundred  dollars,  or 
imprisonment  not  exceeding  thirty  days,  either  of  both  of  said  pun- 
ishments in  the  discretion  of  the  court;  provided,  that  it  shall  be  law- 
ful for  any  such  auditing  or  paying  officer  of  the  city  government  to 
audit  or  pay  any  such  bill  or   claim  in   any  case  in  obedience  to  an 
order  of  the  Court  having  jurisdiction  thereof,  and  in  such  case  no 
penalty  shall  follow  obedience  to  the  order  of  the  Court. 

Sec.  518.     The  salaries  of  the  ministerial  officers  of  the  City    of  „    . 

''  Naming-    sala- 

x\tlanta,  to  be  elected  by  the  people  on  the  first  Wednesday  in  Decem-  lln  °ffi™ra'**^' 
ber,  1898,  to  serve  for  the  years  1899  and  1900;  also  salaries  of  officers  eimber/"s98!" 
appointed  by  the  Mayor,  or  elected  by  the  General  Council  during  the  ''■"  t»»e 'people, 
years  1898,  are  fixed  as  follows :  The  amount  fixed  in  each  case  being  2^^ isor!^  °'"'" 
annual  salaries,  payable  in  montlily  installments,  to-wit : 

Mayor   $2,500  00 

City  Tax  Assessors 1,800  00 

Clerk  of  Council 2,400  00 

Deputy  Clerk  of  Council 1,500  00 

City  Marshal 2,000  00 

Deputy  City  Marshal 1,200  00 

City  Comptroller    2,500  00 

Assistant  City  Comptroller 1,500  00 


166  Part  III. — Ordinances. 


City  Attorney   2,500  00 

Assistant  City  Attorney   1,800  00 

City  Engineer 2,500  00 

First  Assistant  City  Engineer   1,800  00 

City  Tax  Collector 2,400  00 

Assistant  City  Tax  Collector 1,500  00 

Chief  Clerk 1,200  00 

City  Treasurer   1,000  00 

City  Sexton 1,200  00 

Commissioner  of  Public  Works 2,400  00 

City  Electrician 1,200  00 

Naming  saia-        Sec.  519.     TliB  Salaries  of  the  two  public  weighers  next  to  be  ap- 

ries  of  public 

weighers  next  pointed  is  hereby  fixed  at  six  hundred  dollars  each  per  annum,  paya- 

to  be  appoint-   r  -^ 

ed-  ble  in  monthly  installments. 


Part  III. — Ordinances. 


167 


CHAPTER  XI. 


BUILDING   INSPECTORS   AND  BUILDING   REGULATIONS. 


Elpction. 
Duty. 

Dangerous   walls— removed. 
Compensation. 
One    building    inspector. 
Building  plans   to   be   submitted   to   him. 
Inspector's  oath   and  bond. 
Inspector's    oflace— records,      duties      and 
penalty   for  non-performance. 
Duty  as  to  lots,  foundations,  etc. 
Repairs,   etc.,   to  be   inspected. 
Materials    prescribed    for    inner    firo    lim- 
its— penalty. 

Disposition  of  burned  frame  buildings  in 
fire    limits. 
Height  of  stories. 

Thickness  of  walls  in  business  buildings. 
Meaning   of   business   building. 
"Store"— includes  what. 
Basements  and  first  stories  distinguished. 
Height — how   measured. 
When   height   of   building   is     to     be     in- 
creased. 

Thickness    of    walls    in     buildings      with 
trussed   roofs. 

Less  thickness  where  buttresses  are  used. 
Backings  of  curbstone   facings. 
Use  of  party  walls. 

Thickness    of    walls    in    brick    stores      or 
dwellings. 

Fire   walls   above    roofs   in    houses     more 
than  two  stories  high. 
Side  and  rear  walls  above  roofs  in  busi- 
ness buildings  over  two  stories  high. 
Chimnej'S — thickness  of  walls  and  height 
above    roof. 
Flues — how   arranged. 
Foundation  of  chimneys. 
Foundations   of   masonry. 
Thickness  of  piles  used  for  foundation. 
Piles — one  row  for  wall   not  over  twenty 
feet   high. 

Headers  in  brick   walls. 
Hollow   walls — used  how. 
Cutting  walls  and  supports. 
Openings  in  party  walls. 


Section. 

556-557.  Timber,  beams  and  girders. 

558-559-560.  Piers. 

561.  Columns. 

562.  Balking. 

563-564.  Tar,    etc.,    not    e.xposed. 

565.  Windows — not    above    sidewalks. 

566.  Appendages. 

567.  Skylights. 

568.  Leaders. 

569.  Cornices,  etc. 

570.  Roof    scuttles. 

571.  Metallic  standpipes. 

572.  Beams,   etc.,   not  too  near  flues. 

573.  Floors. 
57-t.  Hearths. 

575-576.  Joists — how   supported. 
.577-578-579.  Unsafe  buildings — inspector's  pow- 
er as  to. 

580.  Alterations. 

581.  Good  brick  for  walls. 

582.  Recesses,    etc. 

583.  Materials,   other  than  brick,   etc. 
5Si.  Partitions. 

585-586.  Stairways  and   hoistways. 
587.  Fireproof  shutters. 
588-589.  Fire  escapes. 

590.  Board   of   Fire   Escapes. 

591.  Penalty  for  not  erecting. 

592.  Repairs. 

593.  Fire  proof  vaults  in  mills,  etc. 
.594-=ift5.  Floors  under  stoves  and  boilers. 

596.  Steam  pipes. 

597.  Awning    frames. 

598.  Right   to  inspect. 

599.  Additions    regulated. 

600.  Exits. 

601-603.  Elevators    inspected. 
60-t-605.  Chimne3-s  further  regulated. 

606.  Furnaces,   etc. 

607.  Penalty. 

608.  Workmen  protected  by  floors. 

609.  Permit   to   build   or   change. 

610.  Description   of  building— sewerage. 
611-612.  Penalty. 

613.  Duty  of  Building  Inspector  as  to  records. 


Section  520.  Three  freeholders,  residents  of  said  city,  shall  be 
elected  at  the  meeting  when  the  other  city  officers  are  elected  or  at  any 
subsequent  meeting  in  each  year,  as  Building  Inspectors  for  the  City 
of  Atlanta,  and  shall  hold  their  offices  for  the  term  of  two  years,  or 
until  their  successors  are  elected  and  qualified.^ 

Sec.  521.     It  shall  be  the  duty  of  the  Building  Inspectors,  in  con- 
nection with  the  City  Surveyor,  to  inspect  all  buildings  or  walls  locat-  ^"*y- 
ed  on  the  various  streets,  lanes  or  alleys  of  said  city  monthly,    and 


One  Inspector  takes  the  place  of  these  under  later  legislation. 


168 


Pakt  III. — Ordinances. 


Dangerous 
walls. 


Compensation. 


Office  of  Build- 
ing  Inspector 
created. 


Election. 
Salary. 


when  they  shall  be  requested  by  the  Mayor,  and  to  report  the  result 
of  such  investigation  to  the  Mayor  and  General  Council.' 

Sec.  532.  The  Mayor  and  Council  shall,  if  such  buildings  .or  walls, 
or  any  portion  thereof,  located  on  any  street,  lane  or  alley  is  reported 
to  be  dangerous,  order  the  owner  or  agent  thereof,  or  in  the  discretion 
of  the  Mayor  and  Council,  the  owner  or  agent  of  the  lot  upon  which 
the  said  building  or  wall  may  be  erected,  to  have  the  same  taken  down, 
or  rendered  secure.  If  such  owner  or  agent  shall  fail  or  refuse  ko  to 
do,  after  reasonable  notice,  to  be  judged  of  by  said  Mayor,  shall  pro- 
ceed to  have  the  same  taken  down,  or  rendered  secure,  at  the  expense 
of  such  owner  or  agent;  such  expense  to  be  collected  by  execution 
against  such  owner's  property,  to  be  issued  by  the  Clerk  of  Council. 

Sec.  523.  Said  Inspectors  shall  receive  such  compensation  for 
actual  service  as  the  Mayor  and  General  Council  may  direct. 

Sec.  534.  The  office  of  Inspector  of  Buildings  is  hereby  created. 
He  shall  be  elected  on  the  first  Monday,  July,  1895,  and  hold  office  imtil 
the  first  Monday  in  July,  1897,  at  which  time  his  successors  shall  be 
elected  for  two  years,  and  bi-ennially  thereafter.  The  salary  of  said 
Inspector  shall  be  eighteen  hundred  ($1,800.00)  dollars  per  annum, 
and  he  be  required  to  furnish  a  horse  and  buggy.  Such  Inspector  of 
Buildings  shall  be  a  practical  architect,  builder  or  civil  engineer,  who 
has  been  engaged  in  the  active  duties  of  his  occupation  for  at  least 
ten  years. 

Sec.  535.  When  any  person  or  persons  or  corporation  shall  be  desir- 
ous of  erecting,  repairing,  changing  or  altering  any  building,  buildings 
or  structure,  within  the  limits  of  the  City  of  Atlanta,  he  or  they  shall 
make  application  at  the  office  of  Inspector  of  Buildings  for  a  pei'mit 
for  that  purpose,  and  shall  furnish  said  Inspector  with  a  written 
statement  of  the  proposed  location,  dimensions  and  manner  of  con- 
struction of  the  proposed  building,  buildings  or  structure,  and  the 
materials  to  be  used,  and  with  plans  and  specifications  of  the  proposed 
building,  buildings  or  structure,  which  shall  be  delivered  to  said  Build- 
ing Inspector,  and  remain  in  his  custody  a  sufficient  length  of  time  to 
allow  the  necessary  examination  to  be  made  of  the  same,  and  if  re- 
quired by  the  Inspector,  a  copy  of  said  plan  and  specifications  shall 
be  filed  in  the  office  of  said  Inspector  of  Buildings.  After  which,  if 
it  shall  appear  to  said  Inspector  that  the  laws  and  ordinances  of  the 
city  are  complied  with,  he  shall  give  the  permit  asked  for.  Blank 
forms  for  the  detailed  statement,  as  herein  required,  may  be  obtained 
at  the  office  of  the  Inspector  of  Buildings  for  applicants  to  fill  out, 
describing  location  of  the  proposed  structure,  number  and  height  of 
stories,  dimension  of  joists  and  timbers  and  distance  apart,  dimensions 
of  supporting  iron  work   (if  any),  for    wliat    i)urpose  the    luiilding. 


Notice  of  pro- 
posed erection 
of,  or  repairs 
to,  buildings 
must  be  given 
to  Building 
Inspector. 


Plans  must 
submitted. 


Sections  1884  and  1885  for  duty  as  to  billboards. 


Part  III. — Ordinances.  169 


buildings  or  structure  is  designed,  and  such  other  information  appli- 
cable to  the  proposed  improvement,  which  statement,  so  properly  illled 
out,  the  owner  or  owners,  his  or  their  architect  or  agent,  shall  sign  the 
agreement  contained  in  said  detailed  statement,  that  he  or  they  will 
in  all  respects  construct  the  work  in  accordance  with  such  detailed 
statement,  plans  and  specifications,  and  in  compliance  with  the  laws 
and  ordinances  of  the  City  of  Atlanta,  and  it  shall  not  be  lawful  to 
proceed  to  construct,  alter  or  repair  any  building,  buildings  or  struc- 
ture within  the  limits  of  said  City  of  Atlanta  without  such  permit. 

Sec.  526.  The  Inspector  of  Buildings  shall,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  an  oath  before  the  City  Clerk 
to  faithfully  and  impartially  execute  the  duties  of  his  office  and  see 
that  all  buildings  erected  Avithin  the  city  are  built  in  accordance  with 
the  laws  and  ordinances  relating  thereto,  and  shall  give  a  bond  in  the 
sum  of  $1,000.00,  with  two  or  more  sufficient  sureties  to  be  approved 
by  the  Mayor,  conditioned  for  the  faithful  performance  of  his  duties. 

Sec.  527.  The  said  Inspector  shall  keep  an  office  in  the  City  Hall, 
or  such  other  place  as  shall  be  provided  by  the  City  Council,  where  it  ^^L^^^^f" 
shall  be  the  duty  of  said  Inspector  to  keep  a  record  of  all  permits 
issued,  which  shall  be  regularly  numbered  in  the  order  of  their  issue, 
and  also  a  record  of  the  'statements   upon   which  permits  are  issued.  ^^^  ^j^^.j  ^^^ 


Inspector's    of- 


He  shall  also  keep  a  record  of,  and  report  to  the  City  Council  on  the  report" fo  city 
31st  day  of  December,  each  year,  a  full  and  complete  register  of  the  *^"°™''"- 
number,  description  and  size  of  every  building  erected  in  the  city 
during  that  year  (his  term  of  office),  of  what  material  constructed, 
with  the  aggregate  number,  kind  and  cost  of  all  buildings.  And  it  is 
also  made  the  duty  of  said  Inspector,  upon  being  served  with  a  notice, 
requiring  him  to  visit  and  inspect  any  building  in  progress  of  erection 
or  construction,  to  do  so;  and  if  said  Inspector  shall  fail  or  neglect 
to  attend,  within  twenty-four  hours  after  notice  served  for  that  pur- 
pose, he  shall  forfeit  and  pay  the  sum  of  $30.00  for  each  and  every  day 
he  shall  so  fail  or  neglect  to  attend  beyond  twenty-four  hours,  which 
penalty  shall  be  recoverable  by  action,  in  the  name  of  the  City  of  At- 
lanta, for  the  use  of  the  owners,  contractor,  or  contractors  of  said 
building. 

Sec.  528.     It  shall  be  the  duty  of  every  Inspector  appointed  under 
the  provisions  of  this  ordinance,  to  visit  and  inspect  each  or  anv  house  shaii  inspect 

•^  -^  houses  in   pro- 

or  houses,  building  or  buildings,  which  may  be  in  the  course  of  erec-  ^ess  of  con-    - 

^  °  ''  struction. 

tion,  construction  or  alteration,  within  the  limits  of  the  city,  and  to 
see  that  each  house  or  houses,  building  or  buildings  are  being  erected, 
constructed  or  altered  according  to  the  provisions  of  this  ordinance, 
and  all  Acts  and  ordinances  in  force  in  said  city,  and  the  manner 
adopted  for  the  security  thereof  against  fires,  and  the  safety  of  the 
occupants;  that  the  materials  used  are  suitable  for  the  purpose  (and 
that  the  work  is  done  in  a  substantial  and  workmanlike  manner),  and 


170  Part  III. — Ordinances. 


is  of  sufficient  strength  and  solidity  to  answer  the  purpose  for  which 
it  is  designed;  and  before  foundations  are  laid,  he  shall  examine  the 
trenches  dug  for  the  same,  and  be  fully  satisfied  tliat  the  soil  or  sub- 
."^tratum  is  sufficient  for  the  structure,  or  at  least  the  best  that  can  be 
obtained.  And  should  the  nature  of  the  soil  be  such,  and  the  work  of 
sufficient  magnitude  as  to  require  piling,  the  same  should  be  done; 
provided,,  that  it  may  be  deemed  necessary  by  the  Inspector  that  his 
visits  and  inspection  shall  be  repeated  from  time  to  time  during  the 
erection,  construction  or  alterations  of  such  house  or  houses,  building 
or  buildings,  until  the  walls  shall  have  been  completed  and  the  same 
inclosed,  when  his  duties  shall  terminate.  He  shall,  on  application 
tacate?^^  '^^'^  for  that  purpose,  furnish  the  owner  or  owners,  contractor  or  contrac- 
tors, his  certificate  that  the  said  house  or  building  is  in  all  respects 
conformable  to  law  and  properly  constructed. 

Sec.  529.     It  shall  not  be  lawful  for  any  person  or  persons  to  erect, 
construct  or  build,  or  cause  to   be    erected,    constructed  or  built,  any 

No    person 

shall  erect  or  brick,  iron,  granite,  marble  or  stone  house  or  building,  or  any  house 

alter  any  house  ^  ^  o  <_  ./ 

unless   same 
shall    be    in- 


or  building  composed  partly  of  brick,  iron,  granite  or  stone,  or  to  alter 
spected.  giiij  sucli  buildiug  SO  as  to  make  it  substantially  a  new  building,  unless 

the  same  shall  have  been  inspected  from  time  to  time  by  the  Inspector 
of  Buildings,  and  a  certificate  furnished  by  him  that  the  said  house 
or  building  is  properly  constructed,  and  in  all  respects  safe  and  secure ; 
and  should  said  Inspector  award  such  certificate  to  any  person  or  per- 
sons for  any  house  or  building  not  constructed  according  to  the  pro- 
visions of  this  ordinance,  the  bond  given  by  such  Inspector  shall  be 
declared  forfeited,  and  the  whole  principal  sum  therein  named  shall 
become  due  and  payable,  and  such  Inspector  shall  be  forthwith  dis- 
missed from  office  by  the  City  Council,  and  the  vacancy  thus  created 
filled ;  and  the  said  principal  sum  shall  be  collected  by  due  process  of 
law,  and  the  same  held  to  the  use  of  any  person  or  persons,  either  in 
an  individual  or  corporate  capacity,  who  may  be  injured  or  sustain  any 
damage  thereby. 

Sec.  530.     Xo  person  or  persons  shall  erect,  or  cause  to  be  erected, 

within  the  fire  limits  of  the  City  of   Atlanta,    as  now  esta])lished  l)y 

jMateriai  for      crdiuauce  or  hereafter  may  be  established  by  ordinance,  any  building 

building-    with-  "^  •'  ^         .  o 

in  the  fire  lim-  or  addition  to  a  building,  the  outer  walls  of  which  are  not  composed 

Its — how.  re-  .     ■ 

paired  or  re-    eutirclv  of  brick,  stonc,  mortar,  iron  or  other  incombustible  material. 

built    after    fire  •■  ^  ■>  ■> 

violation'^''  ^o""  Evcry  building  erected  or  built  as  aforesaid  shall  be  covered  or  roofed 
with  slate,  tin,  zinc,  copper,  iron  or  other  equally  fireproof  roofing,  and 
if  any  building  within  the  limits  aforesaid  shall  be  destroyed  to  liu' 
extent  of  one-half  tbereof,  it  shall  be  unlawl'iil  to  rebuild  the  same 
unless  the  outer  walls  and  roof  of  tlic  portion  rebuilt  sliall  be  com- 
posed entirely  of  incombustible  materials.  Any  person  who  shall 
violate  any  of  the  provisions  of  this  section  shall  forfeit  and  jiay  the 
sum  of  twenty  dollars,  and  the  further  sum  of  l(,'n  (h)llars  for  each  day 


Part  III. — Ordinances.  171 


the  same  shall  be  permitted  to  remain  without  being  made  to  conform 
to  the  laws  and  ordinances  of  the  city ;  such  building-  shall  be  a  public 
nuisance. 

Sec.  531.  Whenever  any  frame  building,  within  the  fire  limits, 
shall  have  become  damaged  by  fire  or  decay,  the  extent  of  which,  in  uumT'iT^me  °^ 
the  judgment  of  the  Inspector  of  Buildings,  exceeds  fifty  per  cent,  of  In 'fire  ^LTits.'' 
the  value  of  such  building,  if  the  owner  of  such  building  objects  to 
the  conclusion  arrived  at  by  said  Inspector,  the  Inspector  of  Buildings 
shall  notify  the  Chief  of  the  Fire  Department  and  the  City  P]ngineer, 
and  they  shall  make  an  examination  of  the  building,  and  make  a 
report  to  the  Inspector  as  to  the  amount  of  damages.  Whenever  such 
building  shall  be  adjudged  by  such  arbitrators  to  have  been  damaged 
by  fire  or  decay,  to  the  extent  of  fifty  per  cent,  of  its  value,  such  build- 
ing shall  be  condemned  by  the  Inspector  of  Buildings,  and  it  shall  be 
unlawful,  as  aforesaid,  to  repair  the  same. 

Sec.  532.  The  height  for  stories  for  all  given  thickness  of  walls 
must  not  exceed  11  feet  in  the  clear  for  basement,  18  feet  in  the  clear  ries. 
for  first  story,  15  feet  in  the  clear  for  second  story,  13  feet  in  the  clear 
for  third  story,  13  feet  in  the  clear  for  fourth  story,  and  14  feet  in  the 
clear  average  height  of  upper  story;  if  any  story  exceeds  these  heights 
respectively,  the  walls  of  such  story,  and  of  all  the  stories  below  the 
same,  shall  be  increased  four  inches  in  thickness  additional  to  the 
thickness  hereafter  mentioned. 


172  Part  III. — Ordixaxces. 


Sec.  533.  In  accordance  witli  the  foregoing  provisions,  all  walls 
™*?°waiis^n  ^0^  business  buildings  shall  be  of  the  thickness  designated  in  the  fol- 
bjismess  build-  lowing  table : 


ENCLOSING  WALLS.  I        ?        §        S 

«  £  !K  H 


One  story  high 12  8 

Two  stories  high 16  12  12 

Three  stories  high 16  16  12  12 

Four  stories  high 2U  20  16  16     12 

Five  stories  high 24  20  20  16     16     16 

Six  stories  high 24  20  20  20     16     16     16 

Seven  stories  high 24  20  20  20     20     16     16     16 

Four,  less  than  100  feet 20  16  16  12     12 

Five,  less  than  100  feet 24  20  16  10     16     12 

Six,  less  than  100  feet 24  20  20  16     16     16     12 

Seven,  less  than  100  feet 24  20  20  20     16     16     16     12 

DIYISIOX  WALLS  IX  BUSINESS 
BUILDINGS. 

For  three-story  buildings 16  12  12  12 

For  four-story  buildings 20  16  16  12     12 

For  five-story  buildings 24  20  20  16     16     16 

For  six-story  buildings 24  20  20  20     16     16     16 

For  seven-story  buildings 24  20  20  20     20     16     16     16 

For  five-story,  less  than  100  ft....  20  20  16  16     16     12 

For  six-story,  less  than  100  ft....  24  20  20  16     16     16     12 

For  seven-story,  less  than  100  ft.  .24  20  20  20     16     16     12     12 

FRONT  AND  REAR  WALLS. 

Of  four-story  buildings   20  16  16  12     12 

Of  five-story  buildings   20  20  16  16     12     12 

Of  six-story  buildings 24  20  20  16     16     12     12 

Of  seven-story  buildings 24  20  20  20     16     16     12     12 

PARTITION  WALLS  IN  BUSINESS 
BUILDINGS. 

For  one  story 12  8 

For  two  stories 16  12  12 

For  three  stories 16  12  12  12 

For  four  stories 20  16  16  12     12 

For  five  stories 20  20  16  16     12     12 

For  six  stories 24  20  20  16     16     12     12 

For  seven  stories 24  20  20  20     16     16     12     12 


I'aut  hi. — Okdinances.  173 


Sec.  534.     The    term    "Business    Buildings"    shall    embrace     all  B^ginggg  ^uiid- 
buildings    used    principally    for    business    purposes,    thus    including,'"'''^- 
among  others,  hotels,  theatres  and  office  buildings. 

Sec.  535.     The  terms  "Wholesale    Store"    or    "Storehouse"  shall  storohouses. 
embrace  all  buildings  used  (or  intended   to   be   used)  exclusively  for 
purposes  of  mercantile  business  or  storage  of  goods. 

Sec.  536.     A  basement  story  of  any  building  is  defined  as  a  story 
whose  floor  is  twelve  inches  or  more  below  the  sidewalk,  and  whose   ''^*^™™  • 
height  does  not  exceed  eleven  feet  in  the  clear.     All  such  stories  that 
exceed  twelve  feet  high  shall  be  considered  as  first  stories. 

Sec.  537.     The  height  of  all  buildings  for  the  purposes  of    this  Height,  how 
ordinance  shall  be  taken  from  the  grade  of  sidewalk  to  a  point  half 
way  from  the  lowest  to  the  highest  part  of  the  roof. 

Sec.  538.     Whenever  it  is  sought    to    increase    the  height  of  any 
building  beyond  the  height  for  which  the  original  permit  was  granted,  waiis  strength- 
tlie  thickness  of  the  walls  thereof  shall  also  be  increased  in  accordance 
with  the  above  table. 

Sec.  539.  The  outside  walls  of  rooms  having  trussed  roofs  or  ceil- 
ings, such  as  churches,  public  halls,  theatres,  dining  rooms  or  the  like,  ™^s^°of  bu^d- 
If  more  than  fifteen  or  less  than  twenty-five  feet  high,  shall  average  [rulsed'^^ro^ofa. 
at  least  sixteen  inches;  if  over  twenty-five  feet  high,  at  least  twenty 
inches;  if  over  forty-five  feet  high,  at  least  twenty-four  inches  in 
tliiekness.  An  increase  of  four  inches  in  thickness  shall  be  made  in 
all  cases  where  tlie  walls  are  over  one  hundred  feet  long,  unless  there 
are  cross- walls  of  equal  height. 

Sec.  540.  If  solid  buttresses  are  employed,  with  a  sectional  area  of 
three  hundred  or  more  square  inches,  placed  less  than  eighteen  feet 
apart,  and  extended  to  or  nearly  to  top  of  walls,  four  inches  may  bo 
deducted  from  the  thickness  of  any  wall  having  such  buttresses. 

Sec.  541.  Cut  stone  facings  of  walls  shall  be  backed  up  with  brick- 
work of  same  thickness  required  where  no  cut  stone  is  used.  In  cases  stone^fadngT 
where  the  cut  stone  is  in  a  great  measure  self-supporting,  four  inches 
less  thickness  of  brick  backing  may  be  used.  Ashler  fronts,  properly 
bonded  to  the  brickwork,  may  have  backing  same  as  self-supporting 
stone  fronts  or  walls. 

Sec.  542.     Any  party  wall  now  existing  that  shall  have  been  built  p^^y  ^a„g 
conformable  to  the  requirements  of  any  law  regulating  the  construe-  fn^^ertain""^ 
tion  of  such  walls,  and  in  force  at  the  time  of  such  construction,  if  ^^''''■ 
sound  and  in  good  condition,  may  be  used  in  the  construction  of  any 
adjoining  building:  provided,  however,    that    no    brickwork  shall  be 
placed  on  such  wall  to  give  additional  height  to  the  wall,  unless  the 
thickness  of  such  additional  wall  and  the  thickness  of  the  old  wall  in 
each  story  shall  at  least  equal  the  thickness  required  for  division  walls. 
This  section  shall  apply  in  all  cases   where  it  is  desired  to  add  addi- 
tional height  to  any  business  building.     In  case  of  outside  walls    of 


172  Part  III. — Ordixaxces. 


Sec.  533.     In  accordance  witli  the  foregoing  provisions,  all  walls 
bHd^wln^^in  ^0^  business  buildings  shall  be  of  the  thickness  designated  in  the  fol- 

busin 
ings. 


business  build-  lowing  table : 


ENCLOSING  WALLS. 


One  story  high 12       8 

Two  stories  high 16  12     12 

Three  stories  high 16  16     12     12 

Four  stories  high 20  20     16     16     12 

Five  stories  high 24  20     20     16     16     16 

Six  stories  high 24  20     20     20     16     16     16 

Seven  stories  high 24  20     20     20     20     16     16     16 

Four,  less  than  100  feet 20  16     16     12     12 

Five,  less  than  100  feet 24  20     16     16     16     12 

Six,  less  than  100  feet 24  20     20     16     16     16     12 

Seven,  less  than  100  feet 24  20     20     20     16     16     16     12 

DIYISIOX  WALLS  IX  BUSIXESS 
BUILDINGS. 

For  three-story  buildings 16  12     12     12 

For  four-story  buildings 20  16     16     12     12 

For  five-story  buildings 24  20     20     16     16     16 

For  six-story  buildings 24  20     20     20     16     16     16 

For  seven-story  buildings 24  20     20     20     20     16     16     16 

For  five-story,  less  than  100  ft....  20  20     16     16     16     12 

For  six-story,  less  than  100  ft....  24  20     20     16     16     16     12 

For  seven-story,  less  than  100  ft.  .24  20     20     20     16     16     12     12 

FROXT  AXD  REAR  WALLS. 

Of  four-story  buildings    20  16     16     12     12 

Of  five-story  buildings    20  20     16     16     12     12 

Of  six-story  buildings 24  20     20     16     16     12     12 

Of  seven-story  buildings 24  20     20     20     16     16     12     12 

PARTITIOX  WALLS  IX  BUSIXESS 
BUILDIXGS. 

For  one  story 12       8 

For  two  stories 16 

For  three  stories 16 

For  four  stories 20 

For  five  stories 20 

For  six  stories ''4 

For  seven  stories 24 


12 

12 

12 

12 

12 

16 

16 

12 

12 

20 

16 

16 

12 

12 

20 

20 

16 

16 

12 

12 

20 

20 

20 

16 

16 

IZ 

12 

Part  III. — Ordinances.  173 

Sec.  534.     The    term    "Business    Buildings"    shall    embrace     all  pusinggg  jjuiid- 
Ijuildings   used    principally    for    business    purposes,    tlius    including, '"^^• 
nmoug  others,  hotels,  theatres  and  office  buildings. 

Sec.  535.     The  terms  "Wholesale    Store"    or    "Storehouse"  shall  storehouses, 
tnibrace  all  buildings  used  (or  intended   to   be   used)  exclusively  for 
purposes  of  mercantile  business  or  storage  of  goods. 

Sec.  536.     A  basement  story  of  any  building  is  defined  as  a  story 
w  hose  floor  is  twelve  inches  or  more  below  the  sidewalk,  and  whose   ''^^'"'^"  • 
height  does  not  exceed  eleven  feet  in  the  clear.     All  such  stories  that 
exceed  twelve  feet  high  shall  be  considered  as  first  stories. 

Sec.  537.     The  height  of  all  buildings  for  the  purposes  of    this  Height,  how 
ordinance  shall  be  taken  from  the  grade  of  sidewalk  to  a  point  half 
Avay  from  the  lowest  to  the  highest  part  of  the  roof. 

Sec.  538.     Whenever  it  is  sought    to    increase    the  height  of  any 
hiiilding  beyond  the  height  for  which  the  original  permit  was  granted,  waiis  strength- 
iJie  thickness  of  the  walls  thereof  shall  also  be  increased  in  accordance 
with  the  above  table. 

Sec.  539.  The  outside  walls  of  rooms  having  trussed  roofs  or  ceil- 
ings, such  as  churches,  public  halls,  theatres,  dining  rooms  or  the  ^ike,  ™ekness^of^^ 
if  more  than  fifteen  or  less  than  twenty-five  feet  high,  shall  average  ["ffged^^ro^ofe 
at  least  sixteen  inches;  if  over  twenty-five  feet  high,  at  least  twenty 
inches;  if  over  forty-five  feet  high,  at  least  twenty-four  inches  in 
thickness.  An  increase  of  four  inches  in  thickness  shall  be  made  in 
all  cases  where  tlie  walls  are  over  one  hundred  feet  long,  unless  there 
are  cross- walls  of  equal  height. 

Sec.  540.  If  solid  buttresses  are  employed,  with  a  sectional  area  of 
three  hundred  or  more  square  inches,  placed  less  than  eighteen  feet 
apart,  and  extended  to  or  nearly  to  top  of  walls,  four  inches  may  bo 
deducted  from  the  thickness  of  any  wall  having  such  buttresses. 

Sec.  541.  Cut  stone  facings  of  walls  shall  be  backed  up  with  brick- 
Avork  of  same  thickness  required  where  no  cut  stone  is  used.  In  cases  stone°fadng*s" 
where  the  cut  stone  is  in  a  great  measure  self-supporting,  four  inches 
less  thickness  of  brick  backing  may  be  used.  Ashler  fronts,  properly 
bonded  to  the  brickwork,  may  have  backing  same  as  self-supporting 
stone  fronts  or  walls. 

Sec.  542.     Any  party  wall  now  existing  that  shall  have  been  built  party  waiis 
conformable  to  the  requirements  of  any  law  regulating  the  construe-  """^  ^^  "^^"^ 


tion  of  such  walls,  and  in  force  at  the  time  of  such  construction,  if 
sound  and  in  good  condition,  may  be  used  in  the  construction  of  any 
adjoining  building:  provided,  however,    that    no    brickwork  shall  be 
placed  on  such  wall  to  give  additional  height  to  the  wall,  unless  the 
j    thickness  of  such  additional  wall  and  the  thickness  of  the  old  wall  in 
i    each  story  shall  at  least  equal  the  thickness  required  for  division  walls. 
I    This  section  shall  apply  in  all  cases   where   it  is  desired  to  add  addi- 
tional height  to  any  business  building.     In  case  of  outside  walls    of 


in   certain 
cases. 


174 


Part  III. — Oedixaxces. 


Brick   stores 
and    dwellings 
— thickness    of 
walls. 


Exceeding  two 
stories  high, 
all  buildings 
vnth  flat  roof 
to  have  fire 
walls  above 
roof. 


any  business  building  being  built  against  the  wall  of  any  old  building 
(not  being  a  party  wall)  the  new  wall  shall  be  of  the  same  thickness 
required  for  outside  walls  in  such  building. 

Sec.  543.  Buildings  having  the  first  story,  or  basement  and  first 
story  designed  for  business  purposes,  and  the  upper  stories  for  dwell- 
ings, the  first  floor  being  not  more  than  thirty  inches  above  grade  of 
sidewalk,  shall  have  walls  of  brickwork  of  the  thickness  as  follows, 
to-wit :  for  two-story  and  basement  buildings,  the  basement  and  first 
story  walls,  twelve  inches;  second  story,  eight  inches;  for  three-story 
and  basement  buildings,  basement  wall,  sixteen  inches;  first  and  sec- 
ond stories,  twelve  inches;  third  story,  eight  inches;  for  four-story 
buildings,  the  basement  wall,  twenty  inches ;  first  story,  sixteen  inches ; 
second,  third  and  fourth  stories,  twelve  inches.  When  built  in  blocks 
of  two  or  more  buildings,  the  division  walls  in  three-story  buildings 
may  be  twelve  inches  in  basement,  and  in  four-story  buildings  they 
may  be  sixteen  inches  in  basement. 

Sec.  544.  All  dwelling  houses,  including  those  having  first  story 
used  for  business  purposes,  and  all  other  buildings  that  are  used, 
more  than  two  stories  high,  having  flat  roofs,  shall  have  all  the  Avails 
(except  front  walls)  extended  sixteen  inches  above  the  roof,  and  not 
less  than  eight  inches  thick;  to  have  proper  copings  of  incombustible 
materials;  double  pitched  roofs  to  have  their  division  and  side  walls 
carried  up,  forming  fire  walls  in  same  manner;  walls  at  the  eaves  of 
all  roofs  (except  flat  roofs)  shall  be  carried  up  their  full  thickness 
flush  with  upper  edge  of  the  rafters  of  roof,  and  the  sheeting  boards 
shall  be  bedded  in  mortar  on  such  walls. 

Sec.  545.  Business  buildings  more  than  two  stories  high,  having 
flat  roofs,  shall  have  their  side  and  rear  walls  carried  up  two  feet  above 
the  roof;  division  or  party  walls,  four  feet  above,  forming  fire  walls 
not  less  than  twelve  inches  thick,  to  have  copings  of  incombustible 
materials;  front  walls  may  terminate  flush  with  the  upper  surface  of 
sheeting  of  roof.  Division  and  party  to  extend  through  mansard  or 
other  steep  roofs  not  less  than  sixteen  inches,  and  having  copings  same 
as  other  fire  walls.' 

Sec.  546.  No  chimney  shall  be  built  with  less  than  four-inch  walls 
and  no  chimney  top  shall  be  less  than  five  feet  above  the  roof  (for  flat 
roofs)  and  two  feet  above  the  ridge  of  any  pitched  roof.  Ordinary 
flues  in  business  buildings  shall  have  walls  and  eight-inch  jams;  flues 
larger  than  two  hundred  and  fifty  square  inches  and  less  than  five 
hundred  square  inches  shall  be  surrounded  with  walls  not  less  than 
eight  inches  thick;  the  walls  of  such  flues,  above  the  inlet  funnel, 
shall  be  twelve  inches  thick  for  the  first  fifteen  feet  around  and  above 
such  inlet;  tops  of  such  chimneys  to  be  at  least  eight  feet  above  the 


Walls  carried 
up  two  feet 
above  roof, 
when. 


Brick  chim- 
neys—height 
above  roof — 
thickness  of 
walls — flues. 


The   word    "Walls' 
section. 


evidently   should   folk 


last    sentence    of    this 


Part  III. — Ordinances.  175 


roof,  or  five  feet  above  the  highest  part  of  the  roof  within  fifty  feet 

of  such  chimney.     Flues   with    more    than  five  hundred  or  less  than 

eight  hundred  inches  area  shall  have  not  less  than  twelve-inch  walls 

for  the  first  thirty-six  feet,  and  sixteen-inch  walls  opposite  the  inlet 

and  ten  feet  above  the  same;  top  of  chimney  ten  feet  above  the  roof 

or  seven  feet  above  the  highest  part  of  the  roof  within  fifty  feet  of  such 

chimney;  provided,  that  all  chimneys  having   walls   less    than   eight 

inches  thick  shall  be  plastered  on  the  brick  or  be  covered  with  metallic 

lath  or  wire  cloth  before  plastering.     All  stove  flues  shall  be  construct- 

t,d  of  hard  burned  brick,    and   shall    be  not   less  than  sixteen  inches  thTbuiiding  of 

square  from  base  to  a  point  six  inches  above  the  roof  line,  lined  with 

fire  clay  piping,  not  less  than  twenty-four  inches  long,  flue  to  be  thor- " 

oughly  plastered  inside  and  hung  on  iron  stirrups  of  new  iron  bent  to 

come  flush  with  the  bottom  of  ceiling  joist,  not  less  than  one-fourth  of 

an  inch  by  one  and  three-fourth  inches.     No  flue  to  be  less  than  five 

feet  high,  and  higher  should  the  Building  Inspector  deem  it  necessary 

for  the  safety  of  the  building. 

Sec.  547.  The  provisions  of  the  foregoing  sections  as  to  the  thick- 
ness of  walls  pertaining  to  chimneys  shall  be  appicable  only  to  such  Fiues  in  party 
chimneys  as  are  part  of  or  situated  in  any  building.  Flues  in  party 
walls  shall  not  extend  beyond  the  center  of  the  wall;  joint  flues  in 
party  walls  shall  be  separated  by  a  four-inch  "width"  of  fire  brick  their 
entire  height. 

Sec.  548.     Any  chimney   not   forming  a  part  of  a  wall  shall  rest 
upon  the   ground   with   proper   foundation,   and  in  no  case  shall  any  f^°""fj?^^°gyg 
chimney  rest  on  or  be    supported    by   framework,    beams  or  posts  of 
woodwork  of  any  description. 

Sec.  549.  Proper  foundation  or  masonry  shall  be  prepared  for  the 
support  of  buildings,  and  no  foundation  shall  be  less  than  two  feet  for"bunding3. 
below  the  exposed  surface  of  the  ground,  and  in  no  case  sliall  any 
foundation  rest  on  any  filling  or  made  ground.  The  breadths  of  the 
foundations  of  the  several  parts  of  any  building  shall  be  proportioned 
so  that,  as  nearly  as  practicable,  the  pressure  shall  be  equal  on  each 
square  foot  of  the  foundation.  Cement  mortar  shall  be  used  in  the 
masonry  of  all  foundations  exposed  to  dampness. 

Sec.  550.     Piles   driven   for   a  wall  to  rest  upon  shall  be  not  less  „.,     , 

'^  Piles,   how  reg- 

than  eight  inches  in  diameter  at  the  smallest  end,  and  shall  be  spaced  "lated. 
not  more  than  three  feet  on  centres  in  the  direction  of  the  length  of 
the  wall,  and  nearer,  if  required  by  the    Inspector.     The    Inspector 
shall  determine  the  grade  at  which  piles  shall  be  cut  off. 

Sec.  551.  Walls  not  exceeding  twenty  feet  in  height,  wliere  piling 
is  necessary,  may  rest  on  a  single  row  of  piles,  if  deemed  advisable  by 
the  Inspector;  walls  exceeding  twenty  feet  in  height  shall  rest  on  not 
less  than  two  rows  of  piles.  Extra  piles  shall  be  driven  where  requir- 
ed liy  the  Inspector. 


176 


Part  III. — Oedixaxces. 


Sec.  553.     In  brick  walls  every  seventh  course  shall  be  headers. 
fo^'be^heaTn'^  ^^^  ^^^  ^^^^s  shall  be  smoothly  plastered  or  have  struck  joists.     ^Yalls 


Proliibiting 

wooden  lintels 

and    columns 

under  brick 

walls. 

Aug.   3,  1897. 


Hollow  walls, 
when  and  how 
used. 


Cutting   walls 
and   supports. 


Openings   in 
party  walls. 


Timber    in 
brick   build- 


Beams  and 
girders. 


sjhall  be  securely  anchored  to  the  timbers  and  joists  resting  upon  them, 
and  it  shall  be  unlawful  to  support  any  brick  or  stone  wall,  piers  or 
abutment,  upon  wooden  lintels,  girders  or  columns  in  connection 
with  a  building  more  tlian  one  story  in  height. 

Sec.  553.  Hollow  walls,  not  bearing  walls,  may  be  used  ia  all 
cases:  but  all  hollow  walls  shall  be  lionded  or  tied  together  with  incom- 
bustible anchors  placed  not  more  than  3  feet  apart.  If  iised  as  bearing 
walls  the  thickness  shall  be  reckoned  by  their  solid  parts,  unless  either 
part  is  at  least  8  inches  thick,  and  solid  connections  are  made  in  up- 
riglit  directions,  not  less  than  12  inches  wide  nor  more  than  8  feet 
apart  from  centers.  In  such  cases  two-thirds  of  the  hollow  space 
shall  be  connected  with  the  solid  parts ;  provided^  that  in  no  case  shall 
the  ends  of  the  joists  or  other  wood  bo  allowed  to  come  within  4  inches 
of  the  hollow  space. 

Sec.  554.  Xo  wall  of  any  building  now  erected  or  hereafter  to  be 
built  or  erected,  shall  be  cut  off  or  altered  without  a  permit  so  to  do 
having  been  first  obtained  from  the  Inspector.  Every  temporarv  sup- 
port placed  under  any  structure,  wall  girder,  beam  or  column,  during 
the  erection,  finishing,  altering  or  repairing  of  any  building,  or  part 
thereof,  shall  be  eqttal  in  strength  to  the  permanent  support  required 
for  such  construction. 

Sec.  555.  ISTo  opening  or  doorway  shall  be  cut  through  a  party 
wall  of  a  brick  Iniilding  without  a  permit  from  the  Inspector,  and 
every  such  doorway  or  opening  shall  have  top,  bottom  and  sides  of 
stone,  brick  or  iron;  shall  be  closed  by  two  sets  of  wrought  iron  or 
metal-covered  doors  (separated  by  the  thickness  of  the  wall)  hung  to 
rabbeted  iron  frames,  or  to  iron  hinges  in  brick  or  stone  rabbets ;  shall 
not  exceed  10  feet  in  height  hy  8  feet  in  width,  and  every  opening, 
other  than  a  doorway,  shall  be  protected  in  a  manner  satisfactory  to 
the  Inspector. 

Sec.  556.  Xo  timber,  except  lathing  strips,  shall  be  used  in  any 
wall  of  any  brick  building  except  ardi  forms  for  interior  arelied  open- 
ing. 

Sec.  557.  All  walls  of  a  l)rick  building  on  which  the  ends  of  beams 
rest  shall  be  anchored  at  each  tier  of  beams  at  intervals  of  not  more 
than  ten  feet  apart,  with  good,  strong  wrought  iron  anchors,  at  least 
one-half  inch  by  one  and  one-half  inch,  well  Ijuilt  into  the  walls  and 
fastened  at  the  top  of  the  beams;  and  where  the  beams  are  supported 
by  girders  the  ends  of  tlic  beams  resting  on  the  girders  shall  be  butted 
together,  end  1u  end,  and  slrap])ed  with  wrought  iron  straps,  or  tic 
irons  at  tlie  same  distance  a|)art  and  in  (be  same  beams  as  the  wall 
anchors,  and  sliall  be  well  fastened. 

Sec.  558.     All  piers  shall  be  built  of  the  best  (|uality  of  good,  well- 


Part  III. — Ordinances.  177 


burnt  hard  brick,  laid  in  cement  and  sand  mortar,  and  well  wet  when 
laid  in  warm  weather. 

Sec.  559.     Brick  piers  under  lintels,  girders  or   columns   of   brick  buttresses 
buildings,  over  one  story  high,  shall  have  a  cap  of  iron,  at  least  two 
inches  thick,  the  full  size  of  pier. 

Sec.  560.  Brick  piers  and  buttresses  shall  be  bonded  with  Thor- 
ough courses,  level  and  bedded,  each  course,  and  where  their  founda- 
tions rest  on  piles  a  sufficient  number  shall  be  driven  to  insure  a 
proper  support. 

Sec.  561.     Every  metal  column  in  a  brick  building  shall  rest  on  an  columns. 
iron  plate  of  not  less  thickness  than  two  inches.       Wooden  columns 
supporting  girders  and  floors  in  such  buildings  shall  set  on  one  and 
a  half  inch  iron  plates  with  sockets  and  counter  sinkages. 

Sec.  563.  The  backing  of  any  iron  front  that  is  not  wholly  self- 
supporting  shall  be  treated  as  an  independent  wall.  If  the  iron  is 
self-supporting,  then  the  party  wall  shall  be  extended  to  meet 
the  outer  thickness  of  iron,  and  all  vacancies  shall  be  filled  with  grout 
to  insure  a  complete  separation  of  adjoining  buildings. 

Sec.  563.    The  weather  covering  of  all  roofs,  except  of  cottage  dwell-  ^    u  .   .  . 
ing  houses,  not  over  sixteen  feet  high  above  the  grade  of  sidewalk,  shall  erings. 
be  made  of  incombustible  materials.     The  pitch  of  non-combustible 
composition  roofs  shall  not  exceed  two  inches  to  the  foot. 

Sec.  564.     Xo  uncovered  tar,  composition,  resin,  felt  or  woodwork  rp^^,   ^^.^    ^^^^ 
shall  in  any  way  be  exposed  on  any  roof  or  appendages.  exposed. 

Sec.  565.  Appendages  to  any  business  building  above  the  first  Appendages, 
story,  and  above  thirty  feet  from  grade  of  sidewalk  on  any  other 
building,  if  not  wholly  of  incombustible  material,  shall  be  enveloped 
with  metal.  Dormer  windows,  cornices,  mouldings,  balconies,  bay 
windows,  towers,  spires,  ventilators,  etc.,  shall  be  considered  as  ap- 
pendages. 

Sec.  566.     Xo  bay  window  or  other  structure  shall  be  placed  on  any 
building  so  as  to  project  over  any  public  way  or  square  without  the  over  sid'ewaiks. 
permission  of  the  City  Council. 

Sec.  567.     Glass  in  all  skylights,  if  not  "prismatic  lights,"    shall 
1)0  protected  by  screens  made  of  No.  10  (or  heavier)  wire,  with  meshes  '  ^ 
not  exceeding  one  and  one-half  inches;  such  screen  to  be  secured  to 
the  sash  and  kept  at  least  four  inches  above  the  glass. 

Sec.  568.  All  buildings  hereafter  erected  shall  be  kept  provided 
with  proper  metallic  leaders  for  conducting  the  water  from  the  roof  to  ^-eaders. 
the  ground  sewer  or  street  gutter  in  such  a  manner  as  shall  protect 
the  walls  and  foundations  from  damage;  and  in  no  case  shall  the 
water  from  such  leaders,  or  otherwise,  be  allowed  to  flow  upon  the  side- 
walk, but  shall  bo  conducted  by  drain  pipes  to  the  street  gutter  or 
sower. 

Sec.   569.     All   cornices,  gutters,  eaves  and  parapets    (above  first  comices,  etc. 

{12) 


178 


pAirr  III. — Ordinances. 


Boof    scuttles. 


Beams,  etc., 
not  too  near 
flues. 


story  of  business  buildings,  and  above  thirt}'  feet  from  grade  of  side- 
walk on  all  otber  buildings),  shall  be  made  of  incombustible  ma- 
terials. 

Sec.  570.  All  roofs  shall  be  so  constructed  as  to  be  reached  by  a 
scuttle,  or  by  iron  steps  fastened  to  the  outside  of  the  outer  wall.  If 
by  scuttle,  the  same  shall  be  at  least  20x30  inches,  the  frame  and  lid 
covered  with  metal,  and  shall  have  a  stationary  ladder  communicating 
with  such  scuttle. 

Sec.  571.  All  business  buildings  being  more  than  fifty-six  feet 
Metallic  stand-  bigh,  covering  an  area  of  more  than  5,000  superficial  feet ;  also,  all 
'^^^^^'  buildings  exceeding  eighty  feet  in  height,  shall  have  a  two  and  one-half 

inch  (or  larger)  metallic  standpipe  within  or  near  the  front  wall,  ex- 
tending above  the  roof,  and  arranged  so  that  engine  hose  can  b*'  at- 
tached from  the  street.  All  hose  couplings  shall  confcumi  to  the  size 
and  pattern  adopted  by  the  Fire  Department. 

Sec.  572.  All  floor  beams,  joists  and  headers  shall  be  kept  at  least 
two  inches  clear  of  any  wall  enclosing  a  fire  flue  or  chimney  breast, 
and  the  space  left  between  the  framing  and  such  flue  shall  be  filled 
solid  with  gauged  mortar,  to  be  a  heavy  coat  of  plastering  put  on  the 
walls  of  such  flues  before  any  other  woodwork  shall  be  placed  against  it. 

Sec.  573.  All  floors  shall  be  constructed  to  bear  a  safe  weight  per 
superficial  foot,  exclusive  of  materials,  as  follows :  For  dwellings, 
tenements,  or  lodging  houses,  one  hundred  pounds;  for  storehouses, 
warehouses,  machine  shops,  armories  and  drill  rooms,  not  less  than 
two  hundred  and  fifty  pounds.  These  requirements  shall  apply  to  all 
alterations,  as  Avell  as  to  new  buildings.  In  all  calculations  for  the 
strength  of  materials  to  be  used  in  any  building,  the  proportion  be- 
tween the  safe  weight  and  the  breaking  weight  shall  be  as  one  to  three 
for  all  beams,  girders  and  other  pieces  subjected  to  cross  strain;  and 
as  one  to  six  for  all  posts,  columns  and  other  vertical  support,  and 
for  all  tie  beams,  and  other  pieces  subjected  to  a  tensile  strain ;  and 
the  requisite  dimensions  of  each  piece  of  material  arc  to  be  asi-crtaineci 
by  computation,  by  rules  given  by  the  best  authorities,  using  for  con- 
stants in  the  rules  only  such  numbers  as  have  been  deduced  from  ex- 
periments on  materials  of  like  kind  with  that  proposed  to  be  used. 
All  mortar  and  cement  used  shall  be  of  the  best  cpiality  for  the  ])ur-. 
pose  for  which  they  are  applied,  and  shall  be  properly  mixed. 

Sec.  574.  All  hearths  for  ordinary  fireplaces  shall  rest  on  ti-im- 
mer  arches,  the  header  kept  at  least  eighteen  inches  from  fare  of 
chimney  breast.  The  back  of  all  fireplaces  shall  not  be  less  than  eight 
inches  thick;  all  stovepipe  holes  to  have  proper  thimbles  and  stoppers. 

Sec.  575.  Ends  of  joists  or  beams  entering  a  brick  wall  shall  be 
cut  not  less  than  three-inch  bevel,  so  as  not  to  disturb  the  brickwork 
by  any  defection  or  breaking  of  the  joists  or  beams.  All  such  joist< 
or  timbers  entering  a  party  or  division  wall   fi-oin  opposite  sides  shall 


supported. 


Part  III. — Okdixances.  179 


liave  at  least  four  inches  of  solid  brickwork  between  the  ends  of  such 
timbers  or  joists.  All  buildings  for  residence  or  business  purposes 
shall  have  the  brick  project  not  less  than  one  and  one-half  inches  in- 
side of  the  face  of  the  wall  between  the  joists  of  each  floor  and  ceil- 
ing joists. 

8ec.  576.  Joists  and  girders  in  any  building  shall  be  of  proper 
dimensions  to  sustain  the  load  designed  to  be  placed  upon  them,  ^",'fim-s.''"*^ 
Girders  may  rest  upon  piers  of  brick  or  stone,  or  upon  columns  of 
wood  or  iron  of  proper  dimensions.  All  floor  joists  shall  be  properly 
bridged  with  cross-bridges.  All  headers  in  floor  framing  of  business 
buildings  that  are  placed  at  a  greater  distance  than  two  feet  from  the 
end  of  a  trimmer,  shall  be  fixed  in  proper  iron  stirru})s. 

Sec.  577.  The  owner,  or  other  party,  having  an  interest  in  any 
building,  staging  or  other  structure,  or  anything  attached  to  or  con-  ings— inspec- 
nected  with  a  building  or  other  structure  which  shall  be  unsafe,  so  as 
to  endanger  life,  shall  immediately,  upon  notice  received  from  the 
Inspector  of  Buildings,  cause  the  same  to  be  made  safe  and  secure  or 
taken  down;  and  when  public  safety  requires  immediate  action,  the 
Inspector  may  enter  upon  the  premises,  with  such  assistants  as  nu\y 
be  necessary,  and  cause  the  said  structure  to  ])e  secured  or  taken 
down  without  delay,  at  the  expense  of  such  owner  or  party  intere-ted. 
No  staging  or  stand  for  observation  purposes  shall  be  constructed  or 
occupied  upon  the  roof  of  any  building  in  said  city. 

Sec.  578.  Every  building  which  shall  appear  to  the  Inspector  to 
be  especially  dangerous  in  case  of  fire,  by  reason  of  bad  condition  of  fenaity  for 

f  .  b  'J  failure  to   ren- 

walls,  overloaded  floors,  defective  construction,  decay,  or  other  causes,  ^^r^  ^a"te!-'"be- 
shall  be  held  to  be  unsafe ;  and  the  Inspector,  besides  proceeding  as  ^"^  notified. 
provided  in  the  preceding  section,  shall  also  affix  a  notice  of  the  dan- 
gerous character  of  the  structure  to  a  conspicuous  place  on  the  exte- 
rior wall  of  said  building;  any  person  removing  such  notice  so  affixed, 
shall  be  liable  to  a  fine  of  not  less  than  ten,  nor  more  than  fifty  dollars 
for  each  and  every  offense,  to  be  paid  into  the  treasury  of  said  city. 

Sec.  579.  The  owner,  or  party  having  an  interest  in  the  unsafe 
building  or  structure  mentioned  in  the  two  preceding  section^,  being 
notified  thereof  in  writing  by  the  inspector,  shall  forfeit  and  pay  a 
fine  to  the  use  of  said'  city  for  every  d;iy"s  continnance  tliereof  after 
such  notice,  a  sum  of  not  less  than  ten,  nor  more  than  fifty  dollars. 

Sec.  580.     Xo  building  now  or  hereafter  built  shall  l)e  altered  until 

..■,-,  -IT  T    ,  T        T  ,  Alterations. 

it  has  been  examined  and  approved  by  the  Inspector  as  being  m  a 
good  and  safe  condition  to  be  altered  as  ])roposed,  and  the  alteration  so 
made  shall  conform  to  the  provisions  of  this  and  all  ordinances  of  the 
City  of  Atlanta  in  relation  thereto. 

Sec.  581.     All  brick  walls  and  Inittresses  shall  be  of  merchantable,  q^^^  brick 
well  shaped  l)ricks,  well  laid  and  bedded,  with  well  filled  joints,  in  ^°'  '^^^^'  ^^''■ 
lime  or  cement  mortar,  and  well 'flushed  up  at  every  course  with  mor- 


180 


Part  III. — Ordinances. 


Recesses,   etc. 


Materials  other 
than  brick, 
etc. 


Stairways 


tar;  and  all  brick  used  during  the  warm  months  shall  be  wet  ac  the 
time  they  are  laid,  and  shall  be  dry  at  time  they  are  laid  during  the  cold 
months. 

Sec.  582.  No  continuous  vertical  recess,  chase  or  flue  shall  be 
made  in  any  party  wall  so  deep  that  it  will  leave  the  thickness  at  the 
back  less  than  eight  inches  at  any  point,  and  no  recess  of  any  kind 
shall  be  made  in  any  eight-inch  wall.  Xo  horizontal  recess  shall  be 
made  in  any  wall,  except  by  a  special  permit  from  the  Inspector.  No 
continuous  vertical  recess  otlier  than  flues  in  stacks  shall  be  nearer  than 
seven  feet  to  any  other  recess. 

Sec.  583.  In  the  erection  or  alteration  of  any  building  within  the 
fire  limits,  the  material  of  which,  in  whole  or  in  part,  is  other  than 
brick,  stone  or  wood,  the  thickness  of  walls,  of  such  material,  and  the 
method  of  construction,  shall  be  such  as  the  Inspector  shall  approve. 

Sec.  584.  Partitions  in  hotel  buildings  and  tenement  houses  made 
of  scantling  to  be  lathed  and  plastered  shall  be  filled  with  brickwork 
eight  inches  high,  in  the  best  manner.  Scantling  partitions  shall  not 
be  employed  as  supporters  of  any  floor  or  roof  (except  dwelling 
houses). 

Sec.  585.  Stairways  shall  not  he  enclosed  with  partitions  made 
of  plank,  boards,  flooring  or  scantling,  unless  plastered  on  both  sides 
or  covered  with  metal. 

Sec.  58G.  Hoistway  openings  shall  have  trap  doors  (covered  with 
metal  on  the  underside)  on  all  floors,  except  where  elevators  are  used, 
with  sufficient  guards  for  protection  during  the  hours  of  business,  and 
said  doors  shall  be  kept  closed  at  all  other  times. 

Sec.  587.  All  stores,  storehonses,  mills  and  manufactories  that 
may  hereafter  be  erected  in  Atlanta,  which  are  more  than  two  stories 
high,  shall  have  doors,  blinds  or  shutters  made  of  fireproof  metal,  on 
every  window  or  entrance  where  the  same  do  not  enter  upon  a  street. 
When,  in  any  such  building,  the  shutters,  blinds  or  doors  cannot  be  put 
on  the  outside,  they  shall  be  put  upon  the  inside,  and  hung  upon  iron 
eyes  or  frames,  independent  of  any  woodwork ;  shutters  above  the  first 
story  to  be  arranged  so  that  they  can  be  opened  from  the  outside. 
Prismatic  lights  in  iron  frames  shall  be  regarded  as  an  equivalent  to 
iron  shutters. 

Sec.  588.  The  Chief  or  Acting  Chief  of  the  Fire  Department, 
together  with  the  Building  Inspectors,  shall,  on  or  before  the  first 
day  of  July,  1890,  report  in  writing  to  the  Mayor  and  General  Coun- 
cil, designating  the  buildings  in  said  city  subject  to  have  fire  escapes 
placed  thercoi),  in  accordance  with  the  next  section  of  this  ordi- 
nance, and  shall  also,  in  said  report,  indicate  where  said  escape  or 
slunild  1)0  ])lacod  or  located,  on  which  part  or  side  of  the  build- 
1  wlicthor  inside  or  outside,  or  either,  together  with  the  char- 


Chief  Fire  De- 
partment and 
Building  In- 
spectors, Board 
of  Fire  Es- 
capes, to  report 
what  kind  of 
escapes    neces- 


escapci 
ing,  ai 
acter  and  innfci'inl 


the  escapes  in  \)o  placed  on 


Part  III. — Ordinances.  181 


each  building,  the  manner  or  position  in  which  they  should  be  placed, 
the  platforms,  landings,  supports,  etc.,  necessary  or  proper  to  be  con- 
nected with  each  escape  or  escapes,  as  to  each  building  aforesaid.  The 
report  so  made  shall  be  subject  to  the  approval  or  change  of  the  Mayor 
and  General  Council.  When  the  Mayor  and  General  Council  shall 
have  required  fire  escapes  to  be  placed  on  any  building,  of  the  char- Jtmcted"  with- 
acter  and  material  deemed  by  them  requisite,  as  aforesaid,  then  it  ler '^service  of 
shall  be  the  duty  of  the  owner  of  any  such  building,  within  ninety 
days  after  service  of  notice,  to  cause  to  be  placed  on  said  building  fire 
escapes,  such  as  the  Mayor  and  General  Council  shall  have  required. 
Said  notice  shall  be  served  by  the  Chief  or  Acting  Chief  of  the  Fire 
Department  oji  the  owner,  agent  or  tenant  in  possession  of  any  such 
building.  Should  any  owner,  agent  or  tenant  in  possession  of  any 
such  building,  notified  as  aforesaid,  fail  within  the  time  specified  in 
said  notice,  to  have  fire  escapes  placed  on  any  building,  as  provided  by 
the  action  of  the  Mayor  and  General'  Council,  he  or  she  shall  be  sub- 
ject to  fine  of  not  exceeding  one  hundred  dollars  and  costs,  and  to 
be  imprisoned  not  exceeding  thirty  days,  either  or  both,  in  the  dis-  Penalty, 
cretion  of  the  court,  and  for  each  month  thereafter,  until  said  notice 
and  order  shall  be  complied  with,  such  owner,  agent  or  tenant  in  pos- 
session shall  be  subject  to  the  same  penalty  as  aforesaid.  In  the  case 
of  a  firm,  company  or  corporation  who  shall  be  the  owner  of  any  such 
building  as  aforesaid,  the  foregoing  notice  shall  be  served  on  any 
member  or  agent  of  the  firm  or  company,  and  on  the  chief  officer  of  corporations, 
such  corporation  who  is  in  the  city,  or  on  the  agent  or  tenant  in  pos-  served  °with 
session  of  the  premises,  and  in  such  case  any  agent  or  member  of  the  "°*"=''- 
firm  or  company,  and  the  president,  acting  president,  secretary  and 
directors  and  agent  of  any  such  corporation  shall  be  subject  to  the 
penalty  provided  by  this  ordinance  in  cases  of  failure  to  comply  with 
any  order  and  notice  as  to  placing  fire  escapes,  or  as  to  repairing  fire 
escapes. 

Sec.  589.  All  buildings  in  said  city  three  stories  or  more  in 
height,  not  including  basements,  used  as  a  factory,  workshop,  lodge 
room,  hotel,  boarding  house,  public  hall,  or  sleeping  place,  or  apart- 
ment, shall  have  thereon  suitable  and  substantial  fire  escapes  of  the 
following  character  and  material.  Brackets  must  not  be  less  than 
1/2^1%  inches,  wrought  iron,  placed  edgewise,  or  1%-inch  angle  iron,  Brackets, 
well  braced,  and  not  more  than  three  feet  apart,  and  the  braces  to 
brackets  must  not  be  less  than  %-inch  square,  wrought  iron,  and 
must  extend  two-thirds  of  the  width  of  the  respective  brackets  or  bal- 
conies. In  all  cases  the  brackets  must  go  through  the  wall,  and  be 
turned  down  three  inches.  Brackets  on  new  buildings  must  be  set 
as  the  walls  are  being  built.  When  brackets  are  to  be  put  on  old 
houses,  the  part  going  through  the  wall  shall  not  be  less  than  one 
inch  in  diameter,  with  screw  nuts  and  washers,  not  less  than  five 


182  Part  III. — Ordinances. 


Top  rails.  inches  sqiiare  and  one-half  inch  thick.  The  top  rail  of  balcony  must 
be  l%xi/^-inch  M^rought  iron,  and  in  all  cases  must  go  through  the 
walls,  and  be  secured  by  nuts  and  four  inch   square  washers,  at  least 

Bottom  rails,  three-cighths  inch  thick.  Bottom  rails  must  be  li4x%-inch  wrought 
iron,  well  leaded  into  the  wall.  In  frame  buildings  the  top  rails  must 
go  through  the  studding  and  be  secured  on  the  inside  by  washers  and 

Fiiiing-in  bars.  Huts  as  above.  The  filliug-in  bars  must  be  not  less  than  %-inch  round 
or  square  wrought  iron,  placed  not  more  than  six  inches  from  centers, 

stairs.  and  well  riveted  to  the  top  and  bottom  rails.     The  stairs,  in  all  cases, 

must  not  be  less  than  18  inches  wide  and  constructed  of  i^xSi^-inch 
wrought  iron  sides  or  strings.  Steps  to  be  %-inch  round  iron,  double 
rungs,  %x3-inch  flat  iron,  and  well  riveted  to  the  strings.  The  stairs 
must  be  secured  to  a  bracket  on  top,  and  rest  on  and  be  secured  to  a 
bracket  or  extra  crossbar  at  the  bottom.  All  stairs  must  have  a  %-inch 
hand  rail  of  wrought  iron,  well  braced.  The  flooring  of  balconies 
must  be  of  wrought  iron  li^x^/^-inch  slats,  placed  not  over  li/^  inches 
apart,  and  secured  to  iron  battens  l%x%-inch,  not  over  three  feet 
apart  and  riveted  at  the  intersection.  The  opening  for  stairwa}'s  in 
all  balconies  shall  not  be  less  than  18  inches  wide  and  30  inches  long. 

Dro  ladders  ^™P  ladders  from  lower  balconies,  where  required,  shall  not  be  less 
than  14  inches  wide,  and  shall  be  l^x%-inch  sides  and  %-inch  rungs 
of  wrought  iron.  In  no  case  shall  the  ends  of  balconies  extend  more 
than  9  inches  over  the  brackets.     The  height  of  railings  around  bal- 

Raiiings.  couies  sliall  uot  bc  less  than  two  feet,  nine  inches.     A  balcony  must  be 

at  each  story. 

Sec.  590.     The  Chief  of  the  Fire  Department  and  Building  Inspect- 

Board  of  Fire  ors  shall  Constitute  a  board  of  fire  escapes,  and  no  fire  escape    will  be 

Escapes.  accepted  without  their  approval,  and  they  shall  have  authority  to  de- 

cide the  number  and  location  of  all  fire  escapes  on  buildings. 

Sec.  591.     This  ordinance  shall  be  published  in  two  daily  pajiers 
for  fifteen  days;  then  it  shall  be  the  duty  of  the  owners  of  all  build- 

Penaity  for       ings  coming  Under  the  requirements  of  this  ordinance  to  have  placed 

not  erecting  .  n    ,       i  -, .  , 

fire  escapes,  on  Said  buildiug  Within  ninety  (90)  days  after  said  advertisement, 
such  fire  escapes  as  are  required.  Should  any  owner,  agent  or  tenant 
in  possession  of  any  such  building  fail  within  the  time  specified  in 
said  advertisement  to  have  fire  escapes  placed  on  any  building  as  pro- 
vided for  by  this  ordinance,  he  or  she  shall  be  subject  to  a  fine  of  not 
exceeding  one  hundred  dollars  and  costs,  and  to  be  imprisoned  not  ex- 
ceeding thirty  days,  eithet  or  both  in  the  discretion  of  the  court,  and 
for  each  month  thereafter  until  said  ordinance  is  complied  v/ith. 
Such  owner,  agent  or  tenant  in  possession  shall  be  subject  to  the  same 
penalties  as  aforesaid. 

Sec.  592.     After  fire  escapes  liave  been  ])laeed  on  any  building    as 

Repairs.  aforcsaid  in  compliance  with  the  provisions  of  tbis  ordinance,    and 

the  same  shall  become  unsafe  or  in  need  of  change  or  repair  in  order 


r.viiT  111. — Okdinaxck.s.  183 


to  make  the  same  safe,  the  Chief  or  Acting  Chief  of  the  Fire  Depart- 
ment shall  serve  notice  to  make  such  change  within  ten  days.  In  case 
of  faihire  of  any  owner  to  have  such  change  or  repairs  made  witliin 
the  time  as  required  by  the  notice,  he  shall  for  such  failure  be  subject  , 
to  the  same  penalty  provided  in  tliis  ordinance  for  failure  to  place  (ire 
escapes  in  the  first  instance. 

Sec.  593.  No  building  within  the  fire  limits  of  the  City  of  Atlanta 
shall  be  used  or  occupied,  in  whole  or  in  part,  for  any  of  the  trades  viulC'in  mills, 
hereinafter  mentioned,  to-wit:  Planing  mills,  sash,  door  and  blind '^  "' 
factories,  carpenter  or  cooper  shops,  wagon  or  carriage  manufactories, 
cabinet  and  furniture  factories,  wood-turning  and  veneering  works, 
agricultural  implement  manufactories,  box  and  trunk  factories,  or 
any  other  woodworking  factory  or  shop,  unless  such  building  so  occu- 
pied shall  have  in  connection  with  it  a  brick  or  fireproof  vault  of  suffi- 
cient capacity  to  contain  all  shavings,  sawdust,  chip?  or  other  light 
combustible  refuse  connected  therewith,  and  all  such  shavings  and 
other  light  combustible  refuse  shall  be  removed  daily  from  such  prem- 
ises to  such  vault.  In  no  event  shall  proprietors,  owners  or  lessees  of 
>ueh  manufactories  allow  combustible  refuse  to  accumulate  upon  any 
lot  or  in  any  building,  unless  stored  in  a  fireproof  vault. 

Sec.  594.  Floors  under  all  stoves  shall  be  protected  by  a  covering 
of  incombustible  material.  Stoves  shall  be  kept  at  least  twenty  inches,  ftoves  and'^un- 
and  their  smoke  pipes  twelve  inches,  fronr  any  unprotected  wood-  ^''''  '^°"^"^- 
work.  The  woodwork  of  all  boiler  houses  and  boiler  rooms  shall  be 
kept  at  least  six  feet  from  the  boiler,  and  four  feet  from  the  breech- 
ing or  smoke  conductor,  and  one  foot  from  the  dome  of  the  boiler, 
unless  such  woodwork  is  properly  protected  with  incombustible  ma- 
terial, and  then  there  shall  be  at  least  two  feet  space  from  the  boiler 
or  smoke  pipe  and  protection. 

Sec.  595.  The  floors  of  all  rooms,  when  containing  stationary  boil- 
ers, shall  be  made  of  incombustible  materials,  five  feet  on  all  sides. 
and  at  least  eight  feet  in  front  of  any  boiler. 

Sec.  596.     Steam  pipes  shall  be  kept  at  least  two  inches  from   all  g^^^^,  pjp^^ 
woodwork;  otherwise  they  shall  be  protected  by  a  soapstone,  asbestos,  or 
earthenware  ring  or  tube,  or  rest  on  iron  supports. 

Sec.  597.  Where  awnings  are  attached  to  buildings,  the  frame- 
work shall  be  of  metal.  tome"" 

Sec.  598.     All  the  officers  appointed  under    this,    or    any    future 
amendmente  to  the  same,  shall,  so  far  as  may  be  necessarv  for  the  per-  spect. 
formance  of  their  respective  duties,  have  the  right  to  enter  any  build- 
ing or  premises  in  said  city. 

Sec.  599.     Any  work  or  addition  or  alteration  made  for  any   pur-  Additions  reg- 
pose  in,  to,  or  u])on  any  building,  except  the  necessary  repairs,    not  "^^*®*^- 
affecting  the  external  or  party  walls,  chimneys,  stairways,  or  height 


184 


Part  III. — Ordinances. 


Elevators 
spected. 


of  building,  shall,  to  the  extent  of  such  work,  or  alteration  or  addition, 
be  subject  to  the  regulations  of  this  ordinance. 

Sec.  600.  All  egress  openings  in  public  halls  shall  have  the  word 
"Exit"  conspicuously  placed  over  them.  The  aisles  in  such  halls  shall 
at  all  times  be  kept  unobstructed. 

Sec.  601.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
cause  a  careful  inspection  of  all  passenger  and  freight  elevators  in  the 
City  of  Atlanta  at  least  once  in  six  months,  and  see  that  said  elevator 
shafts  and  doors  are  in  a  perfectly  safe  condition,  and  in  accordance 
Avith  the  provisions  of  this  ordinance. 

Sec.  602.  When  an  inspection  of  an  elevator  or  elevators  has  been 
made  by  the  Inspector  of  Buildings,  and  the  same  has  been  put  in 
perfectly  safe  condition,  and  the  shafts  and  doors  in  accordance  with 
this  ordinance,  he  shall  make  out  a  certificate  of  the  same,  which  shall 
state  the  date  of  inspection  of  the  elevator,  the  weight  it  may  safely 
carry,  and  that  the  shafts  and  doors  are  constructed  in  accordance 
with  this  ordinance,  which  certificate  shall  be  framed  by  the  owner 
and  put  in  some  conspicuous  place  near  such  elevator,  for  examina- 
tion by  the  public,  and  the  said  Inspector  shall  cause  a  record  to  be 
made  of  said  certificate  of  inspection  in  a  well  bound  book,  alphabeti- 
cally indexed. 

Sec.  603.  It  shall  be  unlawful  for  any  person  owning  or  having 
the  care  or  control  of  any  elevator  to  use  or  permit  the  use  of  the 
same  after  it  has  been  declared  by  the  Inspector  to  be  in  a  dangerous 
or  unsafe  condition,  and  he  has  prohibited  the  use  of  the  same,  until 
all  necessary  repairs  have  been  made,  and  the  owner,  agent  or  other 
person  has  procured  a  certificate  from  said  Inspector  that  said  repairs 
have  been  properly  done,  and  that  said  elevator  may  be  safely  used, 
under  the  penalty  of  fifty  dollars  for  each  offense. 

Sec.  604.  All  floor  timbers,  headers  and  trimmers  of  every  brick 
building  hereafter  erected  or  altered,  in  which  a  chimney  is  to    be 


Unsafe  elevs 
tors. 


tiier™?eguiat"ed.  built  iu  a  brick  wall,  shall  be  placed  distant  two  inches  from  the  out- 
side of  every  chimney  flue,  and  the  space  between  such  brickwork  and 
timbers  shall  be  closed  by  a  proper  fire  stop  of  incombustible  material. 
Sec.  605.     If  any  chimney  flue  or  heating  apparatus  on  any  prem- 
nan  erous       ^^^^  shall,  iu  the  opinion  of  the  Inspector,  endanger  the  premises,  the 
fl"^''-  Inspector  shall  at  once  notify,  in  writing,  the  owner  or  agent  of  said 

premises.  If  such  owner  or  agent  fails  for  a  period  of  forty-eight 
hours  after  the  service  of  said  notice  upon  him  to  make  such  chimney 
flue  or  heating  apparatus  safe,  he  shall  be  liable  to  a  fine  as  prescribed 
in  this  ordinance. 

Sec.  606.     No  furnace  and  no  range  set  in  masonry  shall  hereafter 
Furnaces,  etc.  ^^  placcd,  or  its  locatiou  changed,  in  any  building,  except  as  the  In- 
spector shall  approve. 

Sec.  607.     Any  person  violating  any  of  the  provisions  of  tliis  o]-di- 


Part  III. — Ordinances.  185 


nance  shall  be  pimisliecl  by  a  fine  not  exceeding  one  hundred  dollars,  to  p^^^u 
be  paid  into  the  treasury  of  said  city,  unless  another  penalty  is  specifi- 
cally provided  herein. 

Sec.  608.     It  shall  be  the  duty  of  the  party  or  parties  having  charge 
of  the  construction  of  any  new  building  in  this  city  to  have  the  joints  ^feami^fmb''^ 
or  girders  of  each  floor  above  the  third  floor  covered  with  rough  scaf-  pioyeTT  th"' 
fold  boards,  or  other  suitable  material,  as  Avork  progresses,  so  as  to  Tm  ™buTid-  °^ 
sufficiently  protect  the  workmen  either  from  falling  through  such  Approved  Dec. 
joists  or  girders,  and  to  protect  the  workmen  or  others  who  may  be  lo,  1897. 
under  or  below  each  floor  from  falling  brick,  tools,  mortar  or  other 
substances,  whereby  accidents  happen,  injuries  occur  and  life    and 
limb  are  endangered;  provided^,  the  party  or  parties  above  mentioned 
may  move  said  rough  floor  or  scaffolding  upward  as  the  work  pro- 
gresses, keeping  at  all  times  the  top  floor  covered,  as  specified  above. 
Any  person  or  persons  failing  to  comply  with  the  above  ordinance 
shall,  upon  conviction  before  the  Eecorder,  pay  a  fine  of  not  more 
than  one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty  days, 
either  or  both,  at  the  discretion  of  the  court. 

Sec.  609.     Xo   person,   firm   or   corporation,   shall  build  or  erect,  j^j    ^g^^  ^^^ 
within  the  fire  limits  of  the  City  of  Atlanta,  as  the  same  are  now,  or  ^^p*-'  '^^■ 
may  hereafter  be  established  by  ordinance,  any  hovise  or  building  of 
any  kind  or  character,  or  otherwise  add  to,  build  upon,  or  generally 
improve,  or  change  any  house  or  building  without  having  first  applied  Permit, 
to  the  Mayor  and  General  Council  of  said  city  and  obtained  a  per- 
mission for  siich  purpose. 

Sec.  610.  Any  person,  firm,  or  corporation,  making  application 
for  a  building  permit,  as  above  provided,  shall  accompany  such  appli-  bufiSng!°" 
cation  with  a  description  of  the  building  proposed  to  be  erected,  the 
materials  to  be  used  in  the  construction,  the  street  and  number  of  the 
lot  on  which  the  same  is  to  be  placed,  and  such  other  description  of  the 
size,  character,  proposed  use,  and  locality  of  the  building,  as  the  Mayor 
and  General  Council  may  in  their  discretion  require.  If  it  shall  be 
deemed  necessary,  the  applicant  may  be  required  to  exhibit  to  the 
Mayor  and  General  Council  a  plan  of  the  proposed  building.  If  the 
applicant  desires  to  connect  the  premises  proposed  to  be  improved  with 
the  city  sewers,  the  application  must  show  how  and  at  what  point  the 
connection  is  to  be  made,  and  for  what  purpose  the  sewer  is  to  be  used. 

Sec.  611.     A  violation  of  the  provisions  of  the  foregoing  ordinance 
shall  subject  the  offender  to  be   arrested   and  brought  before  the  Ee-  ^''"^"y- 
corder  s  Court,  and  fined  in  a  sum  not  to  exceed  five  hundred  dollars,  or 
to  be  imprisoned  not  to  exceed  thirty  days,  either  or  both,  in  the  dis- 
cretion of  the  court. 

Sec.  612.     As  a  part  of  the  penalty  of  Sections  609  to  611  all  work 
on  such  house  or  building  shall  be  stopped,  or  shall  not  be  commenced,    '"^  *^' 
vmtil  such  permission  is  obtained,  and  a  violation  of  the  provisions  of 


186 


Part  III. — Ordinances. 


Sept.   17 


said  ordinance,  as  now  amended,  shall  subject  the  offender,  on  convic- 
tion before  the  Eecorder's  Court,  to  a  fine  not  exceeding  five  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  either  or  both,  in 
the  discretion  of  said  court. 

Sec.  613.  It  shall  be  the  duty  of  the  Building  Inspector  to  keep 
a  separate  book  for  such  purpose,  in  which  he  shall  record  all  such 
building  permits,  with  all  the  papers  in  connection  therewith;  and 
such  book  shall  be  properly  indexed  and  numbered ;  and  for  recording 
such  pa])ers  the  Building  Inspector  shall  charge  a  fee  of  twenty  cents 
for  100  words,  to  be  paid  by  the  party  applying  for  and  ol)taining  such 
permission. 


Fees  to   go   to 
city. 


CHAPTER  XII. 


FIRE  DEPARTMENT. 


Section. 

614.  Board   PMiemasteis. 

615.  Fireniasters. 

616.  Officers. 

617.  Salary. 

618.  Division   of    P'ire    Department. 

619.  Police    powers. 

620.  Vacancies — how   filled. 

621.  Rules,    etc.  , 

622.  Dismissal. 

623.  Sickness   of   Chief. 

624.  Right  of  way  to  fire  and  police  machines. 

625.  Vehicles   keep   off. 

626.  False    alarm    prohibited. 

627.  Interference   \vith   fire   alarm  prohibited. 

628.  Obstructing  cisterns  or  plugs. 

629.  Duties   and   powers    of    Chief. 

630.  Duties   of   foremen. 

631.  Duties   of   engineers. 


Section. 

632.  Duties  of  stokers. 

633.  Drivers'   duties. 

634.  Duties  of  runners  and   laddermen. 

635.  Duties    of   callmen. 

636.  Duties   of   substitutes. 

637.  House  regulations. 

638.  General   regulations. 

639.  Alarm  regulations. 

640.  Equipments   and   uniforms. 

641.  Foreman    examine    plugs. 

642.  Chief  copy  letters. 

643.  Employes,   assignment   of. 
044.  Employes  to  know  rules. 

645.  Meetings  of   Fireniasters. 

646.  Use   of  water  during  fires. 

647.  Chief  notified  of  house-moving. 

648.  Penalty  for  failing  to  give  notice. 

649.  Vehicles  to  give  way  to  fire  machines. 


Section  614.  The  Fire  Department  of  the  City  of  Athtntn  and 
the  buildings,  machinery  and  equipments  of  said  department  shall  he 
under  the  control,  supervision  and  management  of  the  Board  of  Fire 
Masters,  subject  only  to  the  approval  of  the  Mayor  and  General  Coun- 
cil. 

Sec.  G15.  The  Board  of  Fire  Masters  shall  In-  the  Mavor.  the 
Chief,  two  Aldermen  and  the  Fire  Department  Committee  of  the  (icit- 
eral  Council,  whose  duty  it  shall  be  to  employ  the  necessary  men,  and 
purchase  all  material  for  the  proper  working  of  the  Department,  sub- 
ject to  the  approval  of  tlie  ^layor  and  General  Council.  The  Chid' 
shall  act  as  Secretary  of  said  board,  and  shall  krr]^  a  honk  of  minutes 
of  the  proceedings  of  the  board,  and  also  all  accounts  tliat  may  relate 
to  the  Fire  Department.  The  Fii'e  l)e])artment  of  the  City  of  .\tlanta 
shall  consist  of  such  ap])lianees  as  may  be  deemed  necessary  hy  the 
^ravoi-  nnd  General  Council. 


PaKT    III. — OUDIXAXCES.  187 


Sec.  C)1C>.  Tlie  officers  of  the  Fire  Department  shall  consist  of  a  q^j.^.^^^ 
C^luef,  with  the  foreman  of  each  fire  company  as  assistants.  The 
Chief  of  the  Fire  Department  shall  also  be  Superintendent  of  the 
Electric  Fire  Alarm  Telegraph,  and  shall  be  elected  by  the  Mayor  and 
General  Council  at  their  first  regular  meeting  in  June,  1882,  and  con- 
tinue until  1st  July,  1883,  when  his  successor  shall  be  elected  at  the 
same  time  other  city  officers  are  elected,  and  biennially  thereafter. 

Sec.  ()17.  Tlie  salary  of  the  Chief  shall  be  fixed  before  his  election, 
and  sliall  not  be  changed  during  his  term  of  office.  From  the  first ' 
(hiy  of  January.  1891,  it  shall  be  four  thousand  dollars  per  annum, 
payable  in  monthly  installments,  and  the  Chief  shall  not  receive  any 
additional  compensation  for  the  discharge  of  his  duties  from  any  per- 
son, firm  or  corporation  whomsoever.  He  shall  give  a  bond  of  one 
thousand  dollars  for  the  faithful  performance  of  his  duties. 

Sec.  618.     The  Fire  Department  shall  be  divided  into  steam  fire 

partment. 

steam  fire  engine  companies,  under  the  command  of  the  foreman  of  said 

fire  engine  companies,  and  shall  each  be  operated  by  fire  runners   and  fq°^pmeiu  """^ 

one  driver;  two  hose  reel  companies  shall  each  consist  of  one  foreman,  orMse/^sinc" 

one  driver  and  five  runners ;  and  one  hook  and  ladder  company  shall  this** ordinance, 

consist  of  one  foreman,  one  driver  and  five  runners,  all  of  whom  shall  duly"  delegated 

be  paid  as  the  Mayor  and  General  Council  may  provide ;  except  where  Firemasterl 

the  said  Board  of  Fire  Masters  shall  see  it  is  to  the  interest  of  the  city 

to  employ  what  shall  be  termed  callmen,  who  shall  be  paid  not   more 

than  twelve  dollars  and  fifty  cents  per  month,  and  whose  duty  it  shall 

be  to  attend  all  fires,  and  there  perform  such  duty  as  may  be  assigned 

to  them  by  the  officers  in  command. 

Sec.  619.     The  Chief  and  Foreman  of  each  companv  be.  and  tliev     ,. 

^        ■  _  '    Police   powers. 

are  hereby  vested  with  all  the  powers  of  a  police  officer  of  the  city,  in 
so  far  as  to  make  arrests  within  the  city. 

Sec.  620.  The  Chief  shall  have  the  power,  if,  in  his  opinion,  the 
interests  of  the  city  demand  it,  to  fill  temporarily  any  vacancy  caused  ^o.'^^^fl/fed. 
by  sickness,  disability  or  absence  of  any  member  of  the  Department, 
such  temporary  appointee  shall  receive  the  pay  allowed  to  the  position 
filled,  and  be  subject  to  all  the  rules  and  regulations  of  the  Depart- 
ment. 

Sec.  621.     The  Board  of  Fire  Masters  shall  have  tlie  power  to  make 
such  rules  and  by-laws  for  the  government  of  the  Department  as  shall  ^"^'^^'  ^^^' 
to  them  seem  most  expedient,  not  in  conflict  with  this  ordinance  or 
the  city  charter. 

Sec.  622.     The  Board  of  Fire    :\Iasters    shall    have    the    i)ower    to 
suspend  at  will,  also  to  fine  or  dismiss,  any  of  the  officers  or  men  who  Dismissal. 
shall  have  been  employed   by   said   board,  for   any   violation    of   the 
rules  of  the  Department,  after  a  full  and  impartial  hearing  and  irial 


188 


Paet  III. — Ordinaxces. 


Absence   of 
Chief— Assist- 
ant  Chief  acts. 


Rights  of  way 
must  be  given 
to  fire  and 
police   ma- 


sliall  have  been  given  to  said  officers  or  men  by  the  said  board,  at  a 
meeting  to  be  called  for  that  purpose. 

Sec.  623.  In  the  event  of  absence  or  sickness  of  the  Chief,  he  shall 
appoint  a  member  of  the  Department  to  fill  his  place.  The  Chief 
shall  not  absent  himself  from  the  city  without  the  consent  of  the 
Board  of  Fire  Masters. 

Sec.  624.  In  the  event  of  an  alarm  of  fire  being  given  from  the 
central  station,  the  apparatus  of  the  Fire  Department  shall  have  the 
right-of-way  in  and  upon  the  streets,  lanes,  alleys,  squares  and  railroad 
crossings  in  going  to  any  fire,  or  being  upon  such  streets,  lanes,  alleys, 
squares  or  railroad  crossings.  Xo  person  shall  obstruct  or  neglect  to 
make  way  for  any  such  apparatus  being  thus  in  or  upon  any  of  said 
streets,  lanes,  alleys,  squares  or  railroad  crossings,  under  a  penalty  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for  every 
offense,  or,  in  default  of  payment,  to  an  imprisonment  of  not  more 
than  thirty  days  upon  conviction  of  such  violation  in  the  Eecorder's 
Court.  The  police  patrol  wagon  shall  at  all  times  have  the  same 
right-of-way  as  the  fire  apparatus.  The  agent  of  the  Georgia  Elec- 
tric Light  Company,  when  reporting  to  the  Chief  of  Fire  Department 
at  all  fires  in  the  city,  shall  likewise  have  the  right-of-way  of  the 
streets,  as  now  allowed  the  fire  apparatus,  under  penalties  above 
named  to  all  who  violate  the  same,  upon  conviction  of  such  violation 
in  the  Eecorder's  Court. 

Sec.  625.  It  shall  not  be  lawful  for  any  person  or  persons  whom- 
soever, to  ride  or  drive  a  vehicle  through  the  streets  and  lanes  in  which 
the  Fire  Department  are  assembled  for  the  purpose  of  extenguishing 
a  fire,  and  should  any  person  or  persons  attempt  to  ride  or  drive  a 
vehicle  through  the  streets  and  lanes  in  which  the  Fire  Department 
are  assembled  for  the  purpose  aforesaid,  he  or  they  shall  be  arrested 
by  any  officer  authorized  to  make  such  arrest,  and,  on  conviction  in 
the  Recorder's  Court,  be  fined  a  sum  not  exceeding  fifty  dollars,  or  be 
imprisoned  not  exceeding  thirty  days,  or  both,  at  the  discretion  of  the 
court. 

Sec.  626.  It  shall  be  unlawful  for  any  person  or  persons  to  give 
or  cause  to  be  given  a  false  alarm  of  fire,  with  the  intent  to  deceive, 
or  to  pull  the  slide  of  any  station  or  signal  box,  except  in  case  of  fire, 
and  any  person  or  persons  guilty  of  the  violation  of  the  provisions  of 
this  section,  shall  upon  conviction,  be  fined  in  a  sum  not  exceeding  two 
hundred  and  fifty  dollars,  or  be  imprisoned  not  exceeding  thirty  days, 
or  both,  at  the  discretion  of  the  Recorder's  Court,  and  one-half  of  the 
fine  paid  in  each  case  shall  be  paid  to  the  informer,  furnishing  proof 
to  convict;  provided,  no  part  of  said  fine  shall  in  any  case  be  paid  to 
any  policeman,  fireman,  or  other  officer  of  said  city. 

Sec.  627.  It  shall  be  unlawful  for  any  person  to  injure,  destroy, 
or  in  any  manner  interfere  with  the  electric  fire  alarm  of  said  city,  or 


Vehicles    not 
driven  on 
street   when 
department    i 
at  work. 


Alarm,   when 
given. 


Part  III. — Ordinances.  189 


with  the  batteries,  boxes,  stations,  wires,  or  other  apparatus  or  appur- 


Fire  alarm,    in- 


prohibited. 

lating  the  provisions  of  this  section  shall,  on  conviction  thereof,  be  a,,^.  3^  ^ggj 
fined  for  each  offense  a  sum  not  to  exceed  $500  and  imprisonment  not  Penalty. 
to  exceed  thirty  days,  either  or  both,  in  the  discretion  of  the  Eecorder's 
Court. 

Sec.  G38.  It  shall  not  be  lawful  for  any  person  to  obstruct  with 
building  material  or  otherwise,  any  cistern  or  fire  plug,  such  as  would  near™re'°i'iuR. 
obstruct  approaches  to  the  same  by  the  Fire  Department  of  the  City  April  2.3,  istu. 
of  Atlanta.  Any  person  violating  the  foregoing  provision,  shall,  for 
each  offense,  or  for  each  day  any  such  obstruction  is  continued,  be 
subject  to  a  fine  not  exceeding  $100,  or  imprisonment  not  exceeding 
thirty  days,  either  or  both,  in  the  discretion  of  the  Eecorder's  Court. 
Any  person  putting  an  awning  post  nearer  than  eighteen  inches 
to  any  fire  hydrant  shall,  on  conviction,  pay  a  fine  of  not  exceeding 
$100,  or  be  imprisoned  not  exceeding  thirty  days,  in  the  discretion  of 
the  court. 

Sec.  G29.  The  Chief  shall  be  present  at  all  fires  or  alarms,  lully 
equipped,  and  shall  there  have  sole  direction  of  the  operations  of  the  po^g'fs  ^^^^ 
Department.  He  shall  be  liable  to  a  fine  of  three  dollars  for  non-  ^''^*^^- 
attendance.  It  shall  be  his  duty  to  visit  the  several  houses  at  least 
once  in  every  twenty-four  hours,  and  see  that  the  houses,  apparatus, 
horses,  etc.,  are  in  proper  condition  and  the  men  at  their  posts;  and, 
should  he  find  anything  out  of  order,  or  any  member  derelict  in  his 
duty,  he  shall  have  authority  to  suspend  him,  but  must  at  once  report 
the  matter  to  the  chairman  of  the  board  for  his  action.  All  reports 
made  to  him  by  the  officers,  or  any  other  matters  that  may  come  to  his 
knowledge,  shall  be  reported  in  writing  to  the  Board  of  Fire  Masters, 
or  in  its  recess  to  the  chairman  as  soon  as  possible.  He  shall  be  re- 
quired to  keep  an  accurate  account  of  all  fires,  alarms  of  fire,  the 
origin,  or  supposed  origin,  amount  of  loss  incurred,  and  amount  of 
insurance  of  the  destroyed  or  damaged  property.  He  shall  exercise  all 
power  and  authority  which  is  conferred  upon  him  by  virtue  of  this 
chapter. 

Sec.  630.  It  shall  be  the  duty  of  foremen  to  be  present  at  all  fires  j^^^j^.^  ^^ 
or  alarms,  fully  equipped.  They  shall  stay  at  their  several  houses  and  fo''^'>»^»- 
see  that  the  house,  apparatus,  horses,  and  all  things  belonging  thereto, 
are  kept  neat  and  clean,  and  in  order  at  all  times  for  immediate  use. 
In  the  absence  of  the  foreman,  the  engineer  shall  have  charge,  and 
exercise  his  authority.  They  shall  preserve  good  order  and  discipline 
in  their  respective  companies  at  all  times.  There  shall  be  a  book  pro- 
vided for  them  in  which  they  shall  enter  the  time  of  admission,  age, 
residence,  occupation,  suspensions  and  discharge  of  each  member,  and 
all  absence  and  tardiness  of  the  same;  also,  keep  an  account  of  all 
property  entrusted  to  their  care.     They  shall  make  monthly  statemcnt-s 


190 


Part  III. — Ordinances. 


Duties   of   en- 
gineer. 


in  writing  of  condition  of  tlie  honses,  apparatus,  liorses,  etc.,  with  an 
estimate  list  of  supplies  needed  for  the  coming  month.  The}-  shall 
report  in  writing  to  the  Chief  any  direliction  of  duty  or  violation  of 
the  rules  by  the  meml^ers.  It  shall  be  the  duty  of  the  foreman  to  sus- 
pend any  member  for  intoxication  or  disobedience  of  orders,  and  report 
the  same  to  the  Chief  at  once.  In  the  absence  of  the  Chief,  the  fore- 
man first  arriving  on  the  ground  shall  have  command  and  be  obeyed 
accordingly.  It  shall  be  the  duty  of  the  foreman  of  the  companies  of 
the  Department  to  read  the  rules  and  explain  them  to  the  members  on 
the  pay-day  of  each  month.  He  shall  be  required  to  keep  an  accurate 
account  of  all  fires,  alarms  of  fire,  the  origin,  or  supposed  origin, 
amount  of  loss  incurred,  and  amount  of  insurance  of  the  destroyed 
or  damaged  property. 

Sec.  631.  It  shall  be  the  duty  of  the  engineers  to  accompany  ;heir 
engines  at  all  times  to  fires  and  alarms,  remain  with  and  operate  the 
same.  They  shall  give  their'ontire  time  and  attention  to  the  Depart- 
ment, and  do  such  repairs  as  they  may  be  ordered  to  make.  They  shall 
be  on  duty  at  their  respective  houses  at  all  times,  with  the  exception  of 
meal  hours,  unless  relieved  by  substitute,  who  must  be  a  person  com- 
petent to  perform  the  duty  required  of  his  principal,  and  who  must  be 
approved  by  the  Foreman  and  Chief  prior  to  leave  of  absence  being 
given.  Leave  of  absence  for  two  hours  or  less  may  be  given  by  the 
foreman  between  the  hours  of  sunrise  and  sunset,  but  for  a  longer 
time  the  application  must  be  in  the  hands  of  the  Chief  six  hours  be- 
fore the  time  desired.  For  absence  from  their  engines  during  an 
alarm  of  fire,  without  order  or  permission,  the  fine  shall  be  five  dollars 
if  the  engine  is  not  in  service,  and  if  in  service  he  shall  be  dismissed 
froni  the  Department.  All  apparatus  used  for  the  extinguishment  of 
fires  upon  the  premises  of  an  engine  company  will  be  considered  as  in 
his  charge,  under  the  supervision  of  his  foreman,  and  he  shall  be  re- 
sponsible to  him  for  the  safe  keeping  and  effective  condition  of  the 
same. 

Sec.  G32.  The  stokers  shall  be  on  duty  at  all  hours,  except  those 
allotted  to  meals,  and  shall  discharge  all  the  duties  appertaining  to 
their  positions  during  the  time  the  apparatus  is  in  service;  they  shall 
help  to  keep  the  houses,  hose  and  carriages  in  proper  and  clean  condi- 
tion, and  their  entire  time  and  service  shall  be  rendered  to  the  De- 
partment. They  shall  perform  all  duty  connected  with  the  firing  of 
their  engines,  and  assist  the  engineer  as  may  be  required.     Leave  of 


Duties  of 
drivers. 


absence  may  be  granted  on  the  same  conditions 
preceding  section. 

Sec.  633.  It  sliall  be  the  duly  of  drivers  to  s 
houses  of  the  Department  at  all  h(nirs.  Thi-y  ; 
the  horses  and  harness,  and  see  that  tlie  sauie  ii 
The  drivers  sliali  have  charge  of  and  accomi)any 


as  are  prescri 


ay  at  their  resp(H-tive 
hall  have  control  of 
re  ju'operly  attended, 
the  liorses  to  all  fires 


_\B  R  A  «  y" 

Part  III. — Ordinances.  v    ^  JL^ 


and  alarms,  and  sliall  keep  their  horses,  harness,  stables,  etc.,  in  good 
condition  and  always  ready  for  service,  and  shall  be  on  duty  at  all 
hours,  except  meal  liouis,  and  shall  give  their  entire  time  and  service 
to  the  J3epartment.  Leave  of  absence  may  be  granted  on  similar  con- 
ditions as  provided  in  the  case  of  engineers  and  drivers. 

Sec.  634.  It  shall  be  the  duty  of  each  runner  or  ladderman,  when 
an  alarm  is  given,  to  repair  with  all  possible  speed  to  the  locality  of  n"rV^ancf  lad"' 
the  fire,  and  perform  such  duties  as  may  be  required  of  him.  In  case  ''^'■'"^"■ 
oL'  sickness  or  absence  from  the  city,  he  shall  furnish  a  substitute,  who 
must  ))(■  satisfactory  to  the  foreman.  The  foreman  shall  number  each 
runner  and  ladder-man  from  one  upward.  Each  and  every  fireman 
must  at  all  times  be  equipped  on  the  fire  grounds  or  be  marked  absent. 
Absence  from  a  fire  or  alarm  during  the  month  will  subject  the  party 
to  ])ay  a  tine  of  $3.00  for  the  first  tinie,  $3.00  for  the  second,  and  third 
dismissal  from  the  service.  Each  runner,  ladder-man  and  call-man 
will  1)0  required  to  report  at  his  respective  house  immediately  after 
each  fire  and  answer  roll  call. 

Sec.  G35.     It  shall  be  the  dutv  of  each  call-man  to  rei)air  to  the  ^  ^.       ,     „ 

J  Duties   of   call- 

place  where  the  fire  may  be  and  report  to  the  foreman  of  the  company  '"en. 

to  which  he  belongs,  and  do  whatever  duty  he  may  be  assigned.  Call- 
men  failing  to  attend  the  fires  and  alarms,  or  failing  to  answer  roll 
call  after  a  fire  or  alarm,  shall  be  fined  for  the  first  time  $2.50,  second 
time  $3.00,  and  third,  if  it  occurs  in  the  same  month,  dismissal,  un- 
less in  case  of  leave  of  absence  granted  by  the  Chief  and  Foreman  of 
his  company.  Sickness,  when  reported  immediately  to  thi>  Chief  or 
Foreman,  accompanied  by  a  certificate  from  the  city  ])hysician  of  his 
ward,  may  be  considered  by  the  board. 

Sec.  636.  Each  runner  and  call-man  is  authorized  to  appoint,  sub- 
ject to  the  approval  of  the  Chief,  a  suitable  person  to  act  as  substitute,  substitutes, 
who,  when  on  duty,  shall  receive  the  same  pay  as  his  principal,  to  be 
deducted  from  the  monthly  wages  of  the  party  for  whom  he  is  acting, 
and  to  be  paid  to  the  substitute.  He  will  be  required  to  perform  all 
the  duties  of  the  principal  that  may  arise  in  the  company  to  which  he 
is  attached.  The  board  will  furnish  suitable  badges  for  the  substi- 
tutes, which  must  be  worn  at  all  fires  or  alarms.  The  foreman  shall 
number  all  substitutes  from  one  upward,  and  in  case  of  absence  of  any 
fireman,  he  shall  appoint  them  alternately.  They  shall  have  permis- 
sion to  wear  the  equipments  of  the  company  to  which  they  are  attached, 
and  shall  l)e  subject  to  all  regulations  provided  for  the  government 
of  the  same.  The  substitute  cannot  be  assigned  to  duty  in  place  of 
his  principal  during  the  time  of  fire  or  alarm  of  fire,  except  in  case  of 
personal  injury  sustained  by  his  principal.  No  substitute  will  'be 
allowed  to  remain  on  duty  for  a  principal  more  than  fifteen  days  at 
one  time. 

Sec.  637.     Xo  sjiirituous,  vinous  or  malt  liquors  shall  be  permitted 


192  Part  III. — Ordinances. 


tionf  ^^^^^'  upon  the  premises  of  any  engine,  hose  or  truck-house  in  this  Depart- 
ment.    All  card  playing,  political  or  religious    discussion,    profane 

piayhig,'  pro-^   swcariug  or  wrangling  is  expressly  prohibited.     ISTo  smoking  will  be 

prohfbitld.'  allowed  in  the  sleeping  rooms.  Eegular  men,  substitutes  or  call-men,  to 
whom  beds  are  assigned,  will  be  required  to  keep  the  same  neat  and 
clean,  and  will  be  expected  to   retire  at   or  before  ten  o'clock  p.  m., 

tiring.  °^  ^^'  uulcss  good  cxcuse  bc  given  the  foreman.  The  gas  must  be  turned 
down  at  ten  o'clock  p.  m.,  after  which  no  loud  conversation  upon 
the  premises  will  be  permitted.  The  drivers  are  required  to  assist 
each  other  generally,  when  it  can    be    done   without  interfering  with 

Loafing-  not  their  spccific  duties.  Minors  and  loungers  not  connected  with  this 
Department  will  not  be  permitted  upon  the  company's  premises.  The 
foreman  and  engineer  will  be  held  personally  responsible  for  any  vio- 
lation of  the  rules  of  this  Department  that  occurs  on  the  premises  or 
in  the  vicinity  thereof,  unless  the  same  is  reported  to  the  Chief  as  soon 

„     ,    .  as  possible.     From  April  1st  to  October  1st,  the  horses  must   be   fed 

Regulations  as  -^  ■*■ 

to  meals,  at  or  bcforc  five  thirtv  o'clock  a.  m.,  and  the  drivers  will  be  required 

horses,  etc.  ^  ^  x 

to  finish  breakfast  and  return  to  their  duties  at  or  before  seven  o'clock 
a.  m.  One  hour  is  allowed  for  meals.  Horses  and  houses  must  be 
cleaned,  ready  for  service,  at  or  before  eight  o'clock  a.  m.  After  eight 
o'clock  a.  m.,  the  housemen  will  appear  in  their  uniforms,  except  where 
the  regular  performance  of  their  several  duties  renders  it  impractica- 
ble. The  sleeping  rooms  must  not  be  used  for  sleeping  purposes  after 
six  o'clock  a.  m.  From  October  1st  to  April  1st,  one  hour  may  be 
added  to  the  foregoing  time  table.  One  hour  shall  be  the  allotted  time 
for  housemen  to  procure  their  meals.  Any  question  of  precedence 
shall  be  decided  by  the  foreman,  but  so  arranged  that  not  more  than 
half  the  housemen  be  permitted  to  leave  the  premises  at  any  time,  there 
being  at  all  hours  not  less  than  one-half  on  duty.  Should  an  alarm 
of  fire  occur  to  interfere  with  the  foregoing  table,  as  much  thereof  as 
may  be  absolutely  necessary  will  be  considered  for  the  time  suspended. 
Hose  must  be  cleaned  and  aired  every  time  they  are  used,  and  once  a 
Hose  cleaning.  ^^^^  .^  ^^^^^^  ^^^^  ^^^  ^^^^  .^  scrvicc ;  they  must  not  be  allowed  to  lie 

in  the  sun.  The  hose  must  be  placed  on  the  hose-carriage  before  nine 
o'clock  p.  m.,  by  the  firemen  or  call-men  at  the  engine  house,  at  the 
hour  designated  by  the  foreman  to  perform  that  duty.     It  shall  be  the 

Guard  duty,  duty  of  the  foreman  to  detail  one  fireman  who  shall  be  on  guard  duty 
on  the  premises  from  nine  o'clock  p.  m.,  until  six  o'clock  a.  m.,  to  ring 
bell,  turn  down  the  gas  and  close  up  the  house.  The  man  doing  this 
duty  shall  have  eight  hours  to  sleep,  unless  called  out  for  service,  and 
shall  be  held  responsible  for  the  safe  keeping  of  all  property  in  his 
charge  during  his  watch.  The  houses  must  be  washed  out  and  the 
windows  cleaned  not  less  than  twice  a  month.  N"o  leave  of  absence 
shall  be  extended,  except  by  permission  of  the  Chief.     Housemen  of 

tiolioon  ^^''^"      the  Department  will  not  be  allowed  to  take  any  active  electioneering 


Part  III. — Ordinances.  193 


part  in  primar}^  elections.  No  alterations  must  be  made  in  any  of 
the  property  of  the  Department  withovit  first  obtaining  permission 
from  the  Chief. 

Sec.  6.38.  All  employes  of  this  Departmeut  are  strictly  required 
in  their  intercourse  with  each  other,  social  and  official,  at  fires  and  l-on^™'  •'^s"'''- 
elsewhere,  to  observe  a  courteous  demeanor,  and  officers  and  men  in 
addressing  each  other  Avill  be  careful  to  employ  the  surnames  of  those 
to  whom  they  are  speaking,  and  in  a  respectful  manner.  While  on 
duty  at  fires  the  greatest  degree  of  silence  compatible  with  the  efficient '  '"'^  '"  ^^ '  ^' 
discharge  of  duty  will  be  required,  and  any  noisy  or  boisterous  conduct 
will  be  deemed  sufficient  cause  for  censure  fi-oiu  the  board.  No  house- 
man or  fireman  will  be  permitted  to  attend  any  ahirms  of  fire  unless  etc.,  to  fires.' 
uniformed  or  equipped,  except  in  case  of  necessity;  nor  will  they  be 
permitted  to  enter  drinking  houses,  exce])t  in  discharge  of  duty,  while 
wearing  the  uniform  of  the  Department.  Tlie  men  are  required  to 
move  quickly,  and  obey  the  orders  of  their  otficers  promptly  and  without 
criticism.  Within  one  minute  from  the  striking  of  the  station  number 
on  the  gong,  each  company  will  be  ready  to  start,  and,  if  required  for 
service,  must  be  out  of  the  house  within  one  minute  after  the  firsi 
round  has  been  struck.  All  requisitions,  reports  and  other  communi- 
cations, intended  for  the  Chief  or  Board  of  Fire  Masters,  must  be  made 
in  writing  by  tlie  foreman  of  the  company,  who  shall  promptly  trans- 
mit the  same  to  the  Chief.  Every  member  of  this  Department  will 
be  expected  to  observe  the  rules  of  cleanliness,  sobriety  and  good  mor- 
als, and  a  neglect  of  those  matters  ^\\]]  he  deemed  and  held  as  sufficient 
cause  for  dismissal  by  the  board.  Any  nienilier  of  the  Department 
•  using  profane,  rough  or  ungentlemanly  language  to  any  citizen  or 
member  of  the  Department,  shall  be  held  as  violating  the  rules,  and 
shall  be  liable  to  suspension  or  dismissal. 

8ec.  639.  When  an  alarm  is  given,  all  regular  and  call-men  must 
repair  to  where  the  alarm  conies  from.  If  it  should  prove  to  be  a  false 
alarm,  they  must  return  to  their  respective  engine  houses  and  wait 
thirty  minutes,  answer  roll  call,  and  be  dismissed  by  their  respective  lions, 
foremen.  When  the  same  box  is  struck  a  second  time  previous  to  the 
re-call,  it  will  be  considered  as  a  second  alarm  and  answered  accord- 
ingly. When  another  alarm  comes  from  the  box  first  struck  after  the 
re-call,  it  will  be  considered  as  a  first  alarm,  and  answered  accordingly. 
After  a  second  alarm  has  been  given  and  before  the  re-call  is  received, 
in  case  of  a  new  alarm,  the  companies  shall  answer  at  that  box.  The 
re-call  signal  is  2-3,  and  will  be  respected  accordingly.  When 
hose  are  laid,  the  driver,  unless  ordered  otherwise,  will  patrol  the  lilies 
of  their  respective  companies  and  prevent  all  vehicles,  except  the  ap- 
paratus of  the  Department,  from  crossing  the  same.  Upon  the  occur- 
rence of  a  slight  fire,  the  first  company  upon  the  ground  may  la,y  out 
its  hose,  but  none  others  without  orders  from  the  officer  in  command. 

(13) 


194  Part  III. — Ordinances. 


Return  from 
flres  slowly. 


After  a  fire-plug  has  been  used  by  an  engine,  the  engineer  will,  previ- 
ous to  removing  his  suction  tube,  shut  off  the  plug;  in  case  of  using 
cistern,  will  replace  the  cover,  the  foreman  to  report  the  condition  of 
the  plug  and  cistern.  .  In  approaching  corners,  crossing  gutters  and 
going  down  grades,  drivers  must  check  the  speed  of  their  horses  and 
the  brakes  must  be  used.  All  drivers  will  be  held  pecuniarily  respon- 
sible for  any  damage  to  horses,  apparatus,  or  other  property,  resulting 
from  careless  driving.  In  returning  from  an  alarm  the  apparatus 
will  not  be  allowed  to  proceed  faster  than  a  walk.  The  foreman, 
driver  and  two  other  members  will  be  allowed  to  ride  on  the  two-liorse 
hose  carriage ;  the  driver,  foreman  and  one  other  on  the  one-horse  hose 
carriage,  and  eight  men  on  the  truck  in  going  to  and  returning  from 
fires,  the  men  to  get  off  and  assist  the  horses  when  going  up  hills.  The 
members  that  run  to  the  fires  to  have  the  preference  in  riding  home. 
One  stoker  will  be  allowed  to  ride  on  the  engine  with  the  engineer. 
The  members  of  the  engine  companies  will  not  be  allowed  to  ride  on 
the  hook  and  ladder  truck  either  going  to  or  returning  from  alarms 
of  fire,  and  they  will  not  be  allowed  to  ride  on  apparatus  of  other  en- 
gine companies  when  the  latter  are  carrying  their  regular  men. 
Horses  must  be  exercised  twice  a  week  with  the  apparatus,  and  every 
other  day  without  the  apparatus,  (Sunday  excepted),  providing  the 
weather  is  suitable.  The  duration  of  exercises  shall  be  one  hour  with- 
out apparatus,  and  one-half  hour  with  the  apparatus,  and,  if  possible, 
always  pursuing  the  same  route,  no  portion  of  which  shall  be  more 
than  two  squares  from  the  house  in  which  they  are  stationed,  as  may 
be  designated  by  the  foreman.  All  engines  must  be  tried  by  draught- 
ing once  every  two  weeks,  unless  in  service  during  that  time,  and  also 
trie(J  in  a  similar  manner  after  each  service  at  fires;  no  more  than 
sixty  pounds  of  steam  being  allowed,  except  by  special  order.  All 
engines  held  in  reserve  shall  be  cared  for  alternately  by  the  engineers 
of  steamers  in  regular  service  for  two  weeks  at  a  time.  While  an 
alarm  is  coming  in,  one  or  more  men,  previously  selected  by  the  fore- 
.  man,  shall  count  and  announce  the  number  without  any  interfeience 
from  others.  Bells  must  not  be  rung  too  long,  nor  apparatus  leave  the 
Refers  to  fore-  housc  beforc  ouc  distiuct  rouud  is  received  and  understood.  It  shall 
be  the  duty  of  the  foreman  of  the  hook  and  ladder  company  immedi- 
ately; upon  the  arrival  of  the  trucks  at  the  place  of  the  fire,  to  have 
ropes  stretched  across  the  street  or  streets  in  such  manner  as  to  protect 
the  apparatus  of  the  Department  from  the  interference  of  those  not 
employed  as  firemen.  Upon  the  arrival  of  the  hook  and  ladder  com- 
pany on  the  fire  ground,  the  driver  or  his  assistant  shall,  as  soon  as 
possible,  light  all  his  lanterns  and  torclies.  It  shall  be  the  duty  of 
the  drivers  who  are  first  on  the  ground  to  meet  the  other  companies 
and  direct  them  to  the  nearest  water.  Any  driver  of  any  engine,  hose- 
reel  or  truck,  who  shall  drive  over  the  hose  when  going  home  or  taking 


man  arriving- 
first  on  the 
ground. 


Part  III. — Okdixaxces.  105 


up  hose  will  be  subject  to  a  fine.  It  shall  be  the  duty  of  the  foreman 
of  each  company,  as  soon  as  the  hose  are  laid  at  fires,  to  send  one  or 
more  firemen  to  lay  the  hose  close  into  the  curb  and  tighten  the  coup- 
lings. Officers  and  members  are  prohibited  from  smoking  pipes  or  ci- 
gars, or  drinking  spirituous  or  malt  liquors,  on  the  fire  grounds.  The 
engineers  are  not  allowed  to  carry  more  than  130  pounds  water  pres- 
sure, except  by  order  of  the'foreman  or  Chief.  No  officer  or  member  of 
the  Department  will  be  allowed  to  leave  the  city  without  putting  a 
man  for  duty  in  his  place,  subject  to  the  approval  of  the  Chief.  ^Yhen 
hose  are  used  belonging  to  another  company,  they  must  be  replaced  on 
the  hose-carriage  from  which  they  were  taken.  The  foremen  must 
remain  with  their  respective  pipes,  where  they  are  stationed,  while 
the  companies  are  in  service.  When  the  apparatus  stops  on  the  street 
it  must  be  near  the  sidewalk,  the  hose-carriage  to  be  in  the  rear  of  the 
engine. 

Sec.  G-JO.  The  fire  equipments  are  as  follows:  Chief — A  white 
gum  overcoat,  a  white  leather  fire  hat,  Xew  York  pattern,  and  white  '^"^^™*^ 
frontispiece  with  "Chief"  thereon.  Foreman — A  white  leather  fire 
hat,  Xew  YorK  pattern,  with  black  leather  frontispiece,  having  thereon 
the  name  of  his  office  and  number  of  his  company;  blue  flannel  shirt 
and  black  gum  coat.  liunners.  Stokers  and  Laddermen — A  black 
leather  fire  hat,  Xew  York  pattern,' with  black  front,  having  thereon 
the  numlier  of  the  company;  blue  flannel  shirt  and  black  gum  coat. 
The  undress  uniform  of  the  Chief  shall  consist  of  a  double-breasted 
sack  coat  of  blue  cloth,  vest  and  pants  of  the  same  material  and  soft  Uniform. 
black  hat.  The  uniform  of  the  foreman  shall  be  a  single-breasted  sack 
coat  of  blue  cloth,  with  pants  and  vest  of  same  material,  with  Depart- 
ment buttons,  and  a  blue  navy  cap,  with  the  word  "Foreman"  on  the 
frontispiece.  The  uniform  of  engineer  shall  be  the  same  as  that  of 
foreman,  except  that  in  front  of  cap  shall  appear  the  word  "Engineer." 
The  uniform  of  housemen  shall  consist  of  a  single-breasted  sack  coat 
of  blue  cloth,  with  vest  and  pants  of  the  same  material,  with  the  De- 
partment buttons,  and  a  blue  navy  cap  as  above,  the  same  to  be  worn 
at  all  times  except  when  cleaning  up.     Straw  hats  in  summer. 

Sec.  641.     The  foreman  of  the  various  companies,  under  the  direc- 
tion of  the  Chief,  shall   make    examination   of  the  fire-plugs  at  least  examTne'  plugs, 
twice  each  month,  and  shall  report  to  the  Chief,  who  shall  in  writing 
notify  the  Superintendent  of  the  Waterworks  of  any  plugs  that  are 
not  in  good  working  order. 

Sec.  642.     All  communications  from  the  Chief  of  the  Department 
shall  be  copied  in  a  letter  copying-book.  copies  of  let- 

Sec.  643.     All  employes  of  this  Department  are  at  all  times  sub-  Employes  sub- 
ject to  assignment  to  any  duty  by  the  senior  officer  in  command.  ment.  °  *^*^" 
Sec.  644.     Each  member  of  the  Fire  Department  must  make  him- f^'^'?!^^;:?^^'""^ 
self  familiar  with  all  tlie  rules  and  regulations  governing  them. 


themselves 
with    rules. 


196 


Part  HI. — Oiidinaxces. 


Meeting   of 
Board    of    Fire- 
masters. 


Use  of  water 
during  fires. 


Sec.  645.  The  Board  of  Fire  Masters  shall  meet  on  the  Wednesday 
preceding  the  first  Monday  in  each  month,  and  all  bills  and  other 
inatters  for  the  consideration  of  the  board  must  be  in  the  hands  of  the 
Secretary  twenty-four  hours  before  the  time  of  the  regular  meeting. 

Sec.  646.  When  the  alarm  of  fire  is  sounded,  and  until  the  signal 
of  "fire  out"  is  given  by  the  Fire  Department,  it  shall  be  unlawful  for 
any  person  to  use  or  draw  water  from  the  water-mains  or  hydrants  for 
sprinkling,  flushing  sewers,  or  for  any  other  purpose,  under  penalty  not 
to  exceed  a  $100.00  fine,  or  not  to  exceed  thirty  days  imprisonment,  one 
or  both,  in  the  discretion  of  the  Recorder's  Court,  but  not  to  apply 
to  parties  who  use  waters  through  a  metre. 

Sec.  647.  From  this  date,  any  one  moving  a  house  through  any 
street  of  said  city  shall  be  required  to  place  lights  on  the  same  at  night, 
and  shall  notify  the  Chief  of  the  Fire  Department  of  the  location  of 
said  house  at  night. 

Sec.  648.  Any  one  convicted  before  the  Recorder's  Court  of  vio- 
lating this  ordinance,  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred dollars,  or  imprisoned  not  exceeding  thirty  days,  in  the  discretion 
of  said  court. 

Sec.  649.  It  shall  be  the  duty  of  the  driver  or  person  in  charge  of 
any  dray,  hack,  carriage  or  other  wagon  or  vehicle,  at  any  time  when 
the  fire  alarm  bell  taps,  to  drive  his  team,  or  otherwise  place  his 
vehicle  as  close  as  practicable  to  the  sidewalk,  so  as  to  leave  the  street 
open  for  the  unol)structed  passage  of  the  Fire  Department  and  its 
machinery.  Any  person  or  persons  violating  this  section,  shall  be 
punished  by  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars,  or  imprisonment  not  exceeding  thirty  (30)  days,  in  the 
discretion  of  tlio  Recorders  Court. 


Moving   houses, 

regulations 

for. 


Vehicles    to 
give    right-ot 
way  to  Fire 
Deijartment. 


CHAPTER  XIII. 


FIRE  Li:\IITS. 


Section. 

650.  Fire  limits  districted. 

G51.  Close  or   inner   district. 

G52.  Extension   of   close   district. 

653.  Outer   district. 

654.  Rules   for   close   district. 

655.  Rules  for  outer  district. 


Section. 

656.  Penalty. 

657.  Districts  100  feet  beyond   named    street. 

658.  Sanitary  regulations  still   of   force  n.  ex- 
tended  limits. 

659.  Penalty    for   illegal   building   in    fire    lim- 
its. 


Section  650.  Xo  person  or  persons  shall  build  or  erect,  or  cause 
to  l)e  built  or  erected,  any  house  or  houses  for  any  purpose  whatever, 
the  walls  of  which  shall  be  constructed  of  wood,  or  which  shall  be  cov- 
ered witli  any  material  other  than  iron,  tin,  slate,  tiles,  or  something 
wliicli  siiall  I)e  deemed  and  considered  fire-proof,  on  any  street  or 
streets  within   the  ))oundaries    herein    mentioned,  that  is:     All   tliat 


Part  III. — Ordinances.  197 


portion  of  the  C*it_v  of  Atlanta  known  as  the  Fire  Limits,  which  shall  ^^^,^^  districts 
be  divided  into  two  building  districts,  namely  tlie  First,  or  Close  dis- 
trict, and  the  Second,  or  Outer  district. 

Sec.  651.  The  First  or  Close  district  shall  be  and  include  all  that  q^,,^^,  district, 
part  of  said  city,  lying  and  being  inside  the  limits  designated  below, 
commencing  at  the  corner  of  Courtland  avenue  and  Cain  street; 
thence  running  West  along  Cain  street  to  Spring  street;  thence  along 
Spring  to  Walton  street;  thence  along  Walton  to  Marietta  street; 
thence  along  Marietta,  and  including  one  hundred  feet  of  same  on  the 
cast  side  of  Johns  street ;  thence  back  along  the  west  side  of  Mari- 
etta street,  and  including  one  hundred  feet  of  the  same  to  Thurmond 
street;  thence  along  Thurmond  street  to  the  right-of-way  of  the  old 
Monroe  Railroad;  thence  south  along  said  railroad  tracks  to  Peters 
street;  thence  along  Peters  street  to  Trinity  avenue;  thence  along 
Trinity  avenue  to  East  Fair  street;  thence  along  East  Fair  street  to 
Capitol  avenue  to  East  Hunter  street ;  thence  along  East  Hunter  street 
to  Piedmont  avenue;  thence  along  Piedmont  avenue  to  Gilmer  street; 
thence  along  Gilmer  street  to  Courtland  street ;  thence  along  Courtland 
street  to  starting  point.      (See  next  section). 

Sec.  652.     The  inner  or  Close  district  of  the  Fire  Limits  of  the 

Close  district 

City  of  Atlanta  is  extended  so  as  to  include  the  portion  of  Peachtree  extended  on 

•^  ^  Peachtree   St. 

street  between  Cain  street  and  Baker  street,  and  so  as  to  include,  also,  .       ^,   ^^^ 

'  '  '  Apr.    21,    1899. 

a  space  of  two  hundred  feet  on  each  side  of  said  portion  of  Peachtree 
street,  including  both  sides  of  intersecting  streets  within  two  hun-, 
dred  feet  of  said  portion  of  Peachtree  street.  It  shall  hereafter 
be  unlawful  to  build,  within  the  limits  thus  extended,  any  other  class 
of  building,  or  with  any  other  classes  of  materials  than  are  allowed  to 
be  built  or  used  in  the  Close  district  of  the  Fire  Limits  as  heretofore 
defined. 

Sec.  653.  The  Second  or  outer  district  shall  be,  and  include  all 
that  part  of  said  city  lying  and  being  between  the  lines  of  the  First 
district,  as  above  mentioned,  and  the  limits  as  described  below,  com- 
mencing at  the  corner  of  Piedmont  avenue  and  East  Baker  streets  and 
running  along  East  Baker  and  West  Baker  streets  to  Luckie  street, 
thence  along  Luckie  to  Simpson  street ;  thence  along  Simpson  street  to 
Elliott  street ;  thence  along  Elliott  street  to  Xelson  street ;  thence  along 
Nelson  street  to  right-of-way  of  the  Southern  Railroad ;  thence  along 
said  railroad  to  Peters  street;  thence  along  Peters  to  the  junction  of 
Garnett  street ;  thence  along  Garnett  to  Loyd  street ;  thence  along  Loyd 
to  East  Fair  street;  thence  along  East  Fair  to  Frazier  street;  thence 
along^ Frazier  to  Butler  street;  thence  along  Butler  to  College  street; 
thence  along  College  to  Piedmont  avenue :  thence  along  Piedmont 
avenue  to  starting  point. 

Sec.  654.     All  laws  and  ordinances,  or  parts  of  same,  relating  to 


198 


Part  III. — Ordinances. 


Old  rules  ap- 
plj'  in  close 
district. 


Each  limit  in- 
cludes 100  ft. 
beyond  bound- 
ary   street. 


Sanitary  regu- 
lations to  ap- 
ply to  extend 
ed   fire   limits. 

Aug.   2,   1886. 


buildings  in  the  Fire  Limits  sliall  relate  and  apply  to  that  portion  of 
the  city  described  as  district  number  one. 

Sec.  655.  No  building  or  structure  shall  be  constructed  or  built  in 
that  part  of  the  city  described  as  district  number  two,  unless  same  be 
covered  or  roofed  with  non-combustible  materials. 

Sec.  656.  Any  person  or  corporations,  violating  any  of  the  ordi- 
nances in  regard  to  the  fire  districts,  on  conviction  thereof,  before  the 
Eecorder's  Court,  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  or  imprisoned  not  exceeding  thirty  days,  either  or  both,  at  the 
discretion  of  the  court. 

Sec.  657.  In  all  cases  where  a  street  is  the  boundary  line  in  this 
ordinance,  the  limit  shall  be  for  all  practicable  purposes  one  hundred 
feet  beyond  said  street. 

Sec.  658.  All  laws  and  ordinances  now  in  force,  or  that  may  here- 
after be  adopted  with  reference  to  sanitary  regulations  or  otherwise, 
within  the  fire  limits  of  said  city,  shall  apply  to  and  embrace  the  limits 
as  extended  by  said  ordinance,  of  which  this  is  amendatory. 

Sec.  659.  Any  person  or  persons  who  shall  be  convicted  in  the  Re- 
corder's Court  of  a  violation  of  this  ordinance  shall  be  liable  to  pay  a 
fine  not  exceeding  one  hundred  dollars  and  cost,  or  be  imprisoned  not 
exceeding  thirty  days ;  and  any  person  so  convicted  shall  be  subject  to 
a  fine  of  not  exceeding  one  hundred  dollars  and  cost,  or  thirty  days 
imprisonment  for  every  three  days  he,  she,  or  they  shall  permit  such 
house  to  remain;  and  the  Mayor  and  General  Council  may  order  the 
removal  of  said  structures,  and  if  the  same  is  not  removed,  may  instruct 
the  Marshal  to  remove  the  same  at  the  owner's  expense. 


CHAPTER   XIV. 


FIRES — PRECAUTIONS  AGAINST. 


Section. 

660.  Plank  kilns. 

661.  Chimneys  and  stovepipes. 
662-663.  Uncovered    lights. 

664.  Combustible  matter— not  burn  at   nfght. 

665.  Blacksmith   shops. 

666.  Stationary    steam    engines. 

667.  niuminating    oils. 

668.  A\\'nings  and   signboards. 

669.  Wooden   signs. 

670.  Wood  and  lumber  yards. 

671.  Sawing  wood   on  street. 

672.  Combustible  matter  must  be  removed. 

673.  Penalty  for  violation  of   Section  672. 

674.  Stoves   and  ranges — fireproof  base. 


Section. 

675.  Notice   of   dangerous  construction. 

676.  Injuring   apparatus — penalty   for. 

677.  Trash   in   front   of   engine   house. 

678.  Ashes  not  allowed  in  combustible  box. 

679.  Penalty  for  violation  of  Section   678. 

680.  Gasoline,   benzine,   etc. 
681-682-683.  Certain    factories    regulated. 

684.  Chimneys   and    parapets. 

685.  Builders    must    notify    Chief    while     con- 
struction  is  in   progress. 

686.  Gasoline,    etc. — how   much    kept. 

687.  Regulation   at   fires. 

688.  Firemen  may  arrest  for  stealing  at  fires. 


Section  660.  No  person  shall  be  permitted  to  build  and  fire  any 
open  plank  kiln  or  kilns  within  one  hundred  yards  of  any  house,  or 
fifty  yards  of  any  fence,  in  tlie  incorporate  limits  of  said  city;  and  any 


Part  III. — Ordinances.  199 


fJhiinnevs    and 


person  violating  said  ordinance  shall,  on  conviction  in  the  Rccoi-der's 
Court,  be  fined  not  exceeding  one  hundred  dollars  for  each  day  snch 
kiln  is  kept  burning,  or  not  exceeding  thirty  days'  imprisonment. 

Sec.  661.  It  shall  be  the  duty  of  the  Chief  of  the  Fire  Department 
to  make  frequent  examinations  into  the  conditions  of  the  stovepipes  stovepipes, 
and  chimneys  in  this  city,  and  if  he  shall  deem  their  condition  a  source 
of  danger  from  fire,  he  shall  require  the  tenant  or  occupant  of  tin; 
house  where  such  stovepipe  or  chimney  is,  to  remedy  the  same  within 
twelve  hours;  and  on  failure  or  refusal  of  such  tenant  or  occupant, 
such  offender  shall  be  liable,  upon  conviction  in  the  Recorder's  Court, 
to  a  fine  of  not  exceeding  one  hundred  dollars  and  costs,  or  be  impris- 
oned not  exceeding  thirty  days;  and  if,  from  the  evidence,  the  court 
believes  the  condition  of  such  chimney  or  stovepipe  dangerous,  the 
court  shall  order  the  alteration  to  be  made  at  the  cost  of  the  occu- 
pant. 

Sec.  662.     Any  person  who  shall  be  found  guilty  of  carrying  an 


."ncovered 

uncovered  or  open  light  of  any  kind  into  any  stable  or  barn,  or  any  Hghts  among 

-,  ,  .  .        -,  '    .  combustibl.. 

place  where  provender,  trash,  or  any  matter  is  contained  that  is  easy  matter, 
of  combustion,  in  the  City  of  Atlanta,  on  conviction  of  the  same,  in 

'  •'  '  Penalty. 

the  Recorders  Court,  shall  be  fined  not  exceeding  one  hundred  dol- 
lars and  costs,  or  be  imprisoned  not  exceeding  thirty  days. 

Sec.  663.     If  any  person  or  persons  shall  permit  to  go  or  send  [.gi-mij^i, 
any  servant  or  other  person  with  uncovered  lights  into  such  place  or  j!a^,.y^Hg*i°"s  in- 
places,  as  described  in  the  preceding  section,  he,  she  or  they  shall  be  *°  ^"'''^  places, 
liable  to  the  penalty  imposed  by  said  section,  on  conviction  before  tlie  Penalty. 
Recordei-'s  Court. 

■  Sec.  664.     It  shall  be  unlawful  for  any  person  or  persons  to  burn 
trash,  Inmber,  straw  or  any  other  combustible  substance,  between  the  materials  not 
hours  of  sunset  and   sunrise,   in  any  yard,  lot  or  alley  in  the  City  of  night. 
Atlanta;  and  any  person  or  persons  violating  this  ordinance  shall,  oct.  is.  isse. 
upon  conviction  before  the  Recorder's  Court,  be  fined  not  exceeding 
fifty  dollars,  or  imprisonment  for  not  more  than  thirty  days,  either 
or  both,  in  the  discretion  of  the  court. 

Sec.  665.     No  building  shall  be  used  or  occupied  as  a  blacksmith 

*=  ^  Blacksmith 

shop  within  the  fire  limits  of  this  city,  unless  the  same  be  made  fire-  shop, 
proof. 

Sec.  666.  It  shall  not  be  lawful  for  any  person  or  persons  to  erect  .  ^^^^ 
or  run,  or  cause  to  be  erected  or  run,  any  stationary  steam  engine,  of  steam  engines, 
any  kind  or  description,  within  the  fire  limits  of  the  City  of  Atlanta, 
without  first  obtaining  the  consent  of  the  Mayor  and  General  Council 
thereto;  and  the  application  shall  contain  a  complete  description  of 
the  character  and  size  of  the  engine  proposed  to  be  erected,  of  the 
building  in  which  it  will  be  placed,  its  position  in  the  building,  the 
distances  to  surrounding  buildings  or  structures,  and  the  material  of 
which  they  are  constructed,  and  the  height,  size  and  location  of  the 


200 


Part  III. — Ordinances. 


Awnings    a 
signboards 


smokestack;  and  any  person  violating  this  ordinance  shall  be  fined, 
upon  conviction  in  the  Eecorder's  Court,  not  exceeding  one  hundred 
dollars,  or  be  imprisoned  not  exceeding  thirty  days. 

Sec.  667.  It  shall  not  be  lawful  for  any  person  to  keep  within  the 
City  of  Atlanta,  more  than  one  hundred  and  seventy-five  gallons  of 
kerosene  oil,  or  other  oil  used  for  illumination,  in  any  building,  un- 
less permission  is  first  granted  by  the  Mayor  and  General  Council. 
It  being  provided  that  any  such  permission  is  subject  to  revocation  at 
any  time  by  the  Mayor  and  General  Council.  Any  person  violating 
this  ordinance  shall  be  punished  by  a  fine  of  not  exceeding  one  hun- 
dred dollars,  or  be  imprisoned  not  more  than  thirty  days,  either  or 
both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  668.  It  shall  not  be  lawful  for  any  person  to  erect  or  have 
erected  any  awnings  or  shed  having  more  wood  than  is  actually  neces- 
sary to  fasten  the  tin  or  metal  coverings  to,  in  front  of  any  building 
June  21,  1894.  in  Said  city,  within  the  fire  limits,  over  any  sidewalk  or  street,  nor 
shall  any  signboard  or  other  sign  be  hereafter  erected  above  or  over 
any  sidewalk  or  street  in  said  city,  within  the  fire  limits ;  provided,  it 
shall  not  be  unlawful  to  letter  fronts  of  cloth  awnings,  or  to  attach 
signs  printed  oh  cloth  or  canvass  to  the  fronts  of  awnings,  which  are 
Jcept  at  a  distance  of  more  than  eight  feet  above  the  curbings  or  side- 
walks. Any  person  violating  the  provisions  of  this  ordinance  shall, 
on  conviction  in  the  Eecorder's  Court,  be  fined  not  less  than  one  nor 
more  than  one  hundred  dollars,  or  imprisoned  not  more  than  thirty 
days,  and  besides,  the  awning,  shed,  or  signboard  or  other  sign  thus 
illegally  placed  or  erected,  shall  be  removed  by  the  Marshal,  at  the 
expense  of  the  occupant  of  the  premises,  or  if  none,  of  the  owner. 

Sec.  669.  No  wooden  signs  more  than  two  feet  high,  or  that  pro- 
ject more  than  one  foot  from  the  building  line,  where  placed  upon  the 
first  story,  or  more  than  six  inches  when  placed  on  or  against  the 
walls  of  the  first  story,  shall  be  constructed  or  placed  on  any  building 
in  the  City  of  Atlanta ;  provided,  that  larger  signs  may  be  allowed  when 


Wooden  signs. 
Apr.    8,   1896. 


Wood  and  lum- 
ber  yards   to 
have    permits. 

May  16,   1878. 


Sawing   or  cut 
ting   wood. 


made  of  incombustible  materials,  are  securely  fastened  to  the  sides  of 
the  buildings,  and  do  not  project  more  than  one  foot,  as  prescribed 
above.  Any  person  or  persons  violating  the  provisions  of  this  ordi- 
nance, on  conviction  thereof  before  the  Recorder's  Court,  shall  be  fined 
in  a  sum  not  exceeding  one  hundred  dollars,  or  by  imprisonment  not 
exceeding  thirty  days,  either  or  both,  at  the  discretion  of  the  court. 

Sec.  670.  It  shall  be  unlawful  for  any  person  to  keep  a  lumber 
yard  or  wood  yard  within  the  fire  limits  of  this  city,  without  the  con- 
sent of  the  General  Council,  and  any  person  so  offending  shall,  on 
conviction  in  the  Recorder's  Court,  pay  a  tine  of  not  exceeding  one 
hundred  dollars,  or  be  imprisoned  not  longei'  tbaii  Ibirty  days. 

Sec.  671.  Any  person  or  persons  who  sluill  cut  or  saw  wood  on  the 
streets  or  sidewalks  witliin  11h>  (in-  limits  sliaij,  on  conviction,  bo  fined 


Part  III. — Ordinances.  201 


not  exceeding  one  hundred  dollars  or  imprisoned  not  exceeding  thirty  ,,^^_^, 
days,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  678.     No  person  shall  be  permitted  to  place  and  let  remain  in 
any  box,  barrel,  or  otherwise,  in  any  building,  cellar,  street,  alley-  {natterto'^be 
way,  or  yard,  within  the  fire  limits,  longer  than  six  hours,  any  loose  '™'°^''<^- 
straw,  hay,  paper,  or  other  combustible  matter ;  and  all  owners  or  occu-  ■^"""  *'  ^^^' 
pants  of  buildings  or  cellars  within  said  limits  are  hereby  required  to 
permit  the  Chief  of  the  Fire  Department,  or    any    member    thereof 
designated  by  him,  or  any  officer  or  member  of  the  police  force,  to  in- 
spect their  building,  cellars  and  premises  to  see  if  this  ordinance  is 
being  complied  with.     And  it  is  hereby  made  the  duty  of  the  Chief  of 
the  Fire  Department,  and  of  the  police  force,  to  make  such  inspec- 
tions. 

Sec.  673.     Any  person  or  persons  violating  the  provisions  of  the 

Penalty- 
foregoing  section  shall  be  arrested  by  any  officer  or  member  of  the 

police  force,  and  may,  on  conviction  before  the  Eecorder's  Court,  be 

fined  in  a  sum  not  exceeding  one  hundred  dollars,  or  to  work  on  the 

street  not  exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the 

court. 

Sec.  674.     It  shall  also  be  unlawful  for  anv  person,  firm  or  cor- 

■     ^  titoves  and 

poration  to  use,  or  have  set  up  for  use,  any  stove  or  range  which  is  ranges  must 

^  1  5  J  &  Ijave   fireproof 

not  placed  and  does  not  set  or  stand  on  brick,  stone,  or  other  fireproof  b^^^- 
material,  under  penalty,  in  case  of  conviction,  of  fine  not  to  exceed  -^p''^  i^-  ^s^^- 
one  hundred  dollars,  or  imprisonment  not  to  exceed  thirty  days,    or 
both    fine    and    imprisonment,    as    aforesaid,    in  the  discretion  of  the 
Recorders  Court,  for  each  offense. 

Sec.  675.  It  shall  be  the  duty  of  the  Chief  of  Fire  Department  to 
notify  any  person  who  may  have  any  such  structure  in  such  condition  ^'°*'"- 
as  to  endanger  adjacent  or  svirrounding  property  to  fire,  to  have  the 
same  made  safe  within  five  days,  and  on  failure  of  any  person  having 
the  control  or  charge  of  any  such  structure  to  have  the  same  made 
safe  accordingly,  shall,  on  conviction  thereof  in  the  Recorder's  Court,  penalty, 
be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not  exceed- 
ing thirty  days  for  each  offense ;  provided,  that  proof  of  both,  the  de- 
fective or  dangerous  condition,  as  aforesaid,  shall  be  necessary  to  con- 
viction. 

Sec.  676.  Any  person  or  persons  who  shall  willfully  and  know- 
ingly injure  or  damage,  in  any  way  or  by  any  means  whatever,  any  injuring  en- 
engine,  hose,  hook,  ladder,  or  any  other  implement,  material  or  appar-  " 
atus  of  any  kind,  belonging  to,  connected  with,  or  used  by,  any  of  the 
fire  companies  in  the  city,  as  a  part  of  their  machinery  or  material  for 
extinguishing  fires,  shall,  on  conviction  in  the  Recorder's  Court,  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  imprison- 
ment not  exceeding  thirty  days. 

Sec.  677.     Any  person  or  persons  who  shall  willfully  and  know- 


202 


Part  III. — Ordinances. 


Trash   in   front 
of  engine 
house. 


ingly  put  any  trash,  or  other  obstniction,  in  front  of  any  engine  house, 
or  hook  and  ladder  house,  in  the  city,  shall,  on  conviction  in  the  Re- 
corder's Court,  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  imprisonment  not  exceeding  thirty  days. 

Sec.  678.  No  person  shall  be  permitted  to  place  within  any  build- 
ing in  the  City  of  Atlanta  ashes  in  any  box,  barrel  or  other  wooden 
vessel,  or  upon  any  wooden  vessel  or  floor,  unless  the  same  is  imme- 
diately removed  from  the  building  and  from  contact  with  such  build- 
ing; and  all  owners  or  occupants  of  buildings  in  this  city  are  required 
to  permit  the  Chief  of  the  Fire  Department,  or  any  officer  or  member 
of  the  police  force,  to  inspect  their  buildings  to  see  if  the  above  is  com- 
plied with.  And  it  is  hereby  made  the  duty  of  the  Chief  of  the  Fire 
Department,  and  of  the  police  force,  to  make  such  inspections  when- 
ever and  wherever  they  may  suspect  a  violation  of  the  foregoing  ordi- 
nance. 

Sec.  679.  Any  person  violating  any  of  the  provisions  of  the  fore- 
going section  shall  be  arrested  by  any  officer  or  member  of  the  police 
force,  and  may,  on  conviction,  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  or  be  imprisoned  not  exceeding  thirty  days,  either 
or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  680.     It  shall  be  unlawful  for  any  person,  firm  or  corporation, 
to  store  or  keep  on  hand  at  any  one  time,  or  in  any  one  building  under 
their  control,  exceeding  ten  gallons  of  gasoline,  benzine  or  naptha,  ox- 
Penaity.  copt  in  a  firc-proof  building  or  vault  in  which  all  openings  are  cov- 

jan.  19,  1885.  ercd  with  metal  shutters.  Any  person,  firm  or  corporation  violating 
this  ordinance  shall,  upon  conviction,  be  fined  not  exceeding  two  hun- 
dred dollars  or  less,  in  the  discretion  of  the  Recorder's  Court.' 

Sec.  681.  In  order  to  the  prevention  of  fires  and  the  better  pro- 
tection of  property  against  exposure  to  danger  of  destruction  by  fire, 
it  shall  hereafter  be  unlawful  for  any  person,  firm  or  corporation  to 
must  have  per-  open  or  couduct  withiu  the  fire  limits  of  the  City  of  Atlanta  any  fac- 
tory for  the  manufacture  of  brooms,  boxes,  whether  of  wood,  paper  or 
other  materials,  or  trunks,  or  any  junk  shop,  without  first  having  ob- 
tained the  permission  of  the  Mayor  and  General  Council  of  said  city. 
Sec.  682.  In  granting  or  withholding  such  permission  by  the 
Maj^or  and  General  Council,  regard  shall  be  liad  to  the  question  of 
safety  of  the  business  in  the  building  where  it  is  already  located  or 
proposed  to  be  conducted,  with  reference  to  the  presence  or  absence  of 
fire  walls  between  such  building  and  the  adjacent  buildings  and  simi- 
lar safeguards  against  the  spread  of  fires. 

Sec.  683.  A  violation  of  Section  681  shall  subject  the  offender, 
upon  conviction  in  the  Recorder's  Court,  to  a  fine  not  exceeding  one 
hundred  dollars,  or  imprisonmeiit  not  exceeding  thirty  days,  for  eacli 
offense. 


Gasoline,    etc- 
how  kept. 


Certain   fac- 
tories   within 
fire  limits 


See  Section  680  for  enUirgoil  and  later  ordinal 


Part  III. — Ordinances.  203 


Sec.  684.     All  owners  of  buildings,  or  their  agents,  shall  be  required  (,,ji^ne  g  ^^^i 
to  keep  in  thorough  repair  all  chimneys  and  parapet  walls  belonging  parapets, 
to  their  buildings  and  keep  the  roofs  entirely  free  from  wood,  trash  r^q^^ 
or  combustibles  of  any  kind.     And  in  case  of  failure  of  any  owner  to 
have  such  change  or  repairs  made  within  the  time  required  by  notice, 
he  shall,  for  such  failure,  be  subject  to  a  fine  of  not  exceeding    one 
hundred  dollars,  and  imprisonment  not  more  than  thirty  days,  either 
or  both,  in  the  discretion  of  the  Recorder's  Court,  and  five  dollars  per 
day  thereafter  until  the  above  ordinance  is  complied  with. 

Sec.  685.  All  owners, contractors  or  builders  of  houses  in  the  City  of 
Atlanta  shall  be  required  to  notify  the  Chief  of  the  Fire  Department  ^t?uctVn!  X' 
or  Fire  Inspector  at  the  proper  time  of  any  buildings  thcv  are  con- 
structing, so  that  they  can  be  properly  inspected.  And  in  case  of  any 
owner,  contractor  or  builder  failing  to  comply  with  the  above  ordi- 
nance, upon  conviction  before  the  Recorder,  he  shall  be  fined  not 
exceeding  one  hundred  dollars,  or  thirty  days'  imprisonment,  or  both, 
in  the  discretion  of  the  court.  It  shall  be  unlawful  for  any  per- 
son or  persons  to  place  and  let  remain  longer  than  six  hours,  in  any 
alleyway,  opening  or  within  thirty  feet  of  any  building,  empty  boxes, 
barrels,  or  other  combustible  material.  And  in  case  of  any  person  or 
persons  failing  to  comply  with  the  above  ordinance,  upon  conviction 
before  the  Recorder's  Court,  they  shall  be  fined  not  exceeding  one  hun- 
dred dollars,  or  thirty  days'  imprisonment,  either  or  both,  in  the  dis- 
cretion of  the  court,  and  one  dollar  per  day  until  said  combustibles 
are  removed. 

Sec.  686.  It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  store  or  keep  on  hand  at  any  one  time,  or  in  any  one  building  in  J^^g'}! '^^ept. 
the  City  of  Atlanta,  under  their  control,  exceeding  ten  (10)  gallons  of 
gasoline,  benzine  or  naptha,  except  in  a  fireproof  building  or  vault  vauits.°°* 
erected  for  that  purpose,  in  which  all  openings  are  covered  with  metal  sept.  6,  i894. 
shutters;  said  building  to  be  not  nearer  than  twenty-five  feet  of  any 
other  building,  and  at  no  time  shall  more  than  one  hundred  and  ten 
(110)  gallons  be  stored  in  said  building,  and  said  gasoline,  benzine 
or  naptha  shall  always  be  kept  in  a  drum  used  for  that  purpose,  and 
no  delivery  shall  be  made  at  any  time  by  artificial  light,  and  under 
no  circumstances  after  sundown  of  any  day.  Any  person,  firm  or 
corporation  violating  this  ordinance  shall,  upon  conviction,  lie  fined 
not  exceeding  two  hundred  ($200.00)  dollars,  or  less,  in  the  discretion 
of  the  Recorder's  Court.  The  Mayor  and  General  Council  reserve  the 
right  to  revoke  this  ordinance  at  any  time  it  shall  become  objectionable 
or  dangerous  to  adjacent  property. 

Sec.  687.     No  person  or  persons,  except  firemen,  the  Mayor  and 
General  Council,  the  police  force,  the  owners  of  the  property,    their  f^,"s|"'(f{*  g"g  *" 
agents,  and  the  agents  of  insurance  companies,  shall  be  allowed  within 
the  immediate  vicinity  of  any  fire,  without  being  ordered  there  by  the 


204 


Part  III. — Ordinaxces. 


officer  in  command  of  the  Fire  Department ;  and  in  case  any  person  or 
persons  shall  refuse  to  obey  the  orders  and  directions  of  such  officer, 
he,  she  or  they  shall  be  arrested,  and  on  conviction,  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceed- 
ing thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  688.  The  officer  in  command  of  the  Fire  Department  at  the 
fire  shall  arrest,  or  cause  to  be  arrested  by  the  police  of  the  city,  any 
person  or  persons  who  shall  be  caught  stealing  goods,  or  any  other  arti- 
cles of  value,  from  any  store  or  other  house  at  or  in  the  vicinity  of  the 
fire. 


CHAPTEK  XV. 


Section. 

689.  Water      commissioners   —   elections      and 

terms  of. 
690-691.  Moneys  collected — how  disposed   of. 

692.  Estimate   and   appropriation     for     water- 
works. 

693.  Interfering   witli    founts. 

694.  City  to  repair  water  meters,   etc. 

695.  Must  give  notice  before  cutting  off  water. 

696.  Interfering  with   founts,    etc. 

697.  Fire  hydrant  keys. 

698.  Made  by  Water  Department. 

699.  Penalty. 

700.  Water   connections — interference   with. 

701.  Introduction   of   water. 

702.  Application   by    owner. 

703.  Conditions. 

704.  Permit    issued. 

705.  street   connections. 

706.  Stop  cock  and   box. 


Section. 

707-708.  Ownership    and    repairs. 

709.  Private    plumbing. 

710.  Two  or  more  parties  on  one  tap. 

711.  Water   used   for  motive   power. 

712.  Inspection. 

713.  Street  sprinkling   with  wagons. 

714.  Water   for  fire. 

715.  Protection. 

716.  Tests — how  secured. 

717.  Owner  pays  for  tap. 

718.  Not  to  interfere  with  water  connections. 

719.  Police. 

720.  Reserved   rights. 

721.  Water  suppl}' — how   stopped. 

722.  Meters. 

723.  Rates — water    consumers   outside    of   city. 
724-725-726.  Plumbers    and    plumbing. 

727.  Penalty. 

728.  Water   Inspectors   have   police   powers. 


Election    and 
terms   of. 


Water  receipts. 


Section  G89.  The  Board  of  Water  Commissioners  shall  consist  of 
one  member  from  each  ward,  besides  the  Mayor  and  chairman  of  the 
Committee  on  Waterworks,  who  are  each  ex-officio  members.  Tliey  shall 
be  elected  as  vacancies  occur  by  expiration  of  terms,  at  the  second  reg- 
ular meeting  in  December  each  year,  of  the  Mayor  and  General  (\nin- 
cil,  and  shall  hold  office  for  three  years. 

Sec.  (i!)().  The  Secretary  of  the  Water  Board  sliall  make  (uit  a  hook- 
containing  the  name,  amount,  etc.,  each  water  consumer  is  due  the 
city;  said  book  shall  have  two  stubs,  and  both  stubs  and  receipt  shall 
be  numbered  alike,  and  when  the  consumer  desires  to  pay  the  same,  the 
Secretary  shall  write  up  the  stubs  and  receipt,  verifying  same  on  each 
stub  and  receipt.  He  shall  retain  one  stub  to  keep  his  accounts,  and 
turn  over  the  other  stub  and  receipt  to  the  Tax  Collector,  who  shall 
collect  and  enter  them  upon  his  books.  The  secretary  shall  make  daily 
detailed  reports  of  receipts,  also  montlily  reports  so  turned  over,  to  the 
Comjilfollci-,  who  shall   hold   ih(>  Tax   ("ollcctor  rcsponsihlc   for    llicir 


Part  III. — Ordinances.  205 


collection,  and  the  Tax  Collector  shall  also  make  daily  detailed  reports 
to  the  Comptroller,  accompanied  with  said  stubs  for  verification. 
The  Tax  Collector  shall  receive  credit  and  the  Treasurer  be  debited 
upon  exhibition  of  receipt  of  deposit  of  same,  which  shall  be  made 
daily.  The  Collector  and  Treasurer  shall  also  make  monthly  report^ 
to  the  Comptroller. 

Sec.  691.     All  money  collected  from  water  rents,  and  any  other  in- 
come from  said  waterworks,  shall  be  paid,  as  collected,  to  the  Tax  Col-  ^ected\y-how 
lector  of  the  City  of  Atlanta,  and  the  payments  reported  daily  to   the  '"^p"^'''^""^- 
Comptroller;  and  all  necessary  funds  to  carry  on  the  waterworks  shall  ■^"":  ^"'  ^^^' 
be  paid  out  of  the  City  Treasury,  upon  orders  granted  by  the  ]\Iayor 
and  General  Council,  which  orders  must  be  predicated  on  requisitions, 
in  writing,  from  the  Board  of  Water  Commissioners;  provided,  that 
the  said  board  shall  exercise  no  control  over  the  waterworks  sinking  sinkin;--  f.m.i. 
fund. 

Sec.  692.  It  shall  be  the  duty  of  said  board,  by  the  first  meeting 
in  May  of  each  year  of  the  Mayor  and  General  Council,  to  file  with  appropriation 
said  body  an  estimate  of  the  probable  receipts  from  Avater  rents  and 
other  income,  and  of  the  amount  necessary  to  run  such  waterworks 
during  the  current  year ;  and  the  Mayor  and  General  Council  shall,  at 
the  same  time  other  appropriations  are  made,  make  such  appropria- 
tions and  set  apart  such  amount  for  the  operation  and  maintenance  of 
said  waterworks  as  may  be  necessary  for  their  economical  and  success- 
ful operation,  provided  said  amount,except  in  cases  of  emergency  (to  be 
judged  by  the  Mayor  and  General  Council),  shall  not  exceed  the  an- 
nual income  of.  the  waterworks ;  and  shall  pay  out  the  same,  upon 
requisition  of  said  Commissioners,  as  it  shall  be  needed  and  called 
for. 

Sec.  693.  Any  person  or  persons  injuring  or  interfering  witli  the 
public  founts,  hydrants,  or  any  other  appurtenance  of  the  waterworks  wVth^foulfts. 
in  the  public  streets  of  this  city,  between  the  city  and  the  waterworks,  "'^'"' 
or  at  the  waterworks,  shall,  on  conviction,  be  fined  in  a  sum  not  ex- 
ceeding one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  Eecorder's  Court,  for 
each  offense. 

Sec.  694.     After  October  1,  1893,  the  Citv  of  Atlanta  shall  keei)  all 

...  ■      p  o  ,    ,  .  .  City  to  repair 

water  meters  m  repair  free  of  cost  to  property  owners;  provided,  that  water  meters, 
the  owners  of  meters  shall  furnish  broken  parts  at  their  own  cost,  it 
being  the  intention  of  this  ordinance  to  provide  for  the  repair  only  oi' 
wear  and  tear  caused  by  time  and  use,  and  this  ordinance  shall  be  en- 
forced under  such  rules  and  regulations  as  the  Board  of  Water  Com- 
missioners may  enact. 

Sec.  695.     The  Board  of  Water  Commissioners  is  required  to  "ive 

>■  r-  Three    (lavs' 

three  (3)   davs'  notice  to  the  consumers  of  water  before  cuttina-  otf  ""''^"^  '^•-1'""'' 

,  ■  fiittiiiff  off   wa- 

their  water  supply.  te«-- 


206  Part  III. — Oedinaxces. 


Sec.  696.     Any  person  who  shall,  in  said  city,  injure  or  interfere 

Injuring  ^^'^^^^  ^^^^  puhHc  founts,  hydrants  or  any  other  appurtenance  of  the 

i^t^s^ian^wer/  i^'tcsian  wcll  or  any  system  of  supplying  water,  or  willful  waste  of 

punished.        water  therefrom,  shall,  on  conviction  thereof,  be  fined  not  exceeding 

one  hundred  dollars,  or  imprisoned  not  exceeding  thirty  days,  in  the 

discretion  of  the  Eecorder's  Court. 

Sec.  697.     It  shaU  be  unlawful  for  any  person,  other  than  an  em- 
Hydrant  keys    ploye  of  the  Waterworks  Department  of  the  City  of  Atlanta,  to  have 
hi^e°^nd\se.  i^  his  posscssiou  or  use  any  key  for  turning  water  on  or  off  from  any 
May  9,  1896.      firc  livdrauts,  except  such  keys  as  may  be  furnished  by  the  Water- 
works Department  to  the  Sanitary,  Fire  or  Street  Departments  of  the 
City  of  Atlanta. 

Sec.  698.     The  Waterworks  Department  shall  have  hydrant  keys 
made  and  numbered,  and  furnish  the  same  to  the  Sanitary,  Fire  and 

Made  bv  AVater 

Department.  Street  Departments,  in  such  numbers  as  may  be  needed  by  them  for 
their  use,  taking  a  receipt  for  each  key  so  furnished,  and  the  person 
giving  such  receipt  shall  be  held  responsil^le  for  the  custody  and  use  of 
such  key. 

Sec.  699.     Any  person,  firm  or  corporation  which  shall  have  in  its 
Penalty  posscssion  or  usc  any  key  to  any  fire  hydrant  in  the  City  of  Atlanta, 

and  not  receipted  for  in  accordance  with  Section  698,  and  any  person 
using  a  key  to  any  of  the  fire  hydrants,  other  than  an  officer  or  em- 
ploye of  the  Waterworks,  Sanitary,  Fire  or  Street  Departments,  sliall 
be  subject  to  a  punishment,  upon  conviction  before  the  Eecorder's 
Court  of  the  City  of  Atlanta,  with  a  fine  not  to  exceed  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  at  the  discretion 
of  the  Eecorder's  Court. 

Sec.  700.     It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  interfere  or  in  any  way  intermeddle  with  wells,  reservoirs,  basins,  or 
iJiterfe^^  ^th  with  the  water  in  the  same,  or  with  the  water  mains,  pipes,  plugs,  meters 
mains,  Ttc"     or  conuectious  in  or  out  of  the  City  of  Atlanta,  of  the  waterworks  of 
July  8.  1896.    the  Said  city,  or  to  make  any  connections  therewith  by  tapping  any  of 
said  mains,  or  pipes,  or  otherwise,  without  the  knowledge  and  permis- 
sion of  the  authorities  of  the  Water  Board  of  the  City  of  Atlanta ;  or 
to  their  premise  or  premises  in  their  possession  and  control,  as  owners, 
agent,  tenant  or  otherwise,  or  to  knowingly  use  the  water  from  such 
unauthorized  connections.     Any  person  violating  this  section  shall  be 
Penalty.  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in  tlie  Eecord- 

er's Court,  shall  be  fined  in  a  sum  of  not  more  than  one  hundred  dol- 
lars, or  imprisoned  in  the  city  stockade  not  over  thirty  days,  or  both, 
in  the  discretion  of  the  court. 

Sec.  701.     Water  shall  not  be  introduced  into  any  premises  with- 
,     .       ,  out  application  having  been  first  made  at  the  waterworks  office    and 

Tntroduction   of  ^  ^  '- 

water.  granted  officially. 

Sec.  702.     Every  application  must  be  made  by  the  owner  of    the 


Part  III. — Ordinances.  207 


property  to  be  benefitted,  or  liis  or  her  authorized  agent,  according  to 
the  form  prescribed  by  the  Board  of  Water  Commissioners. 

Sec.  703.     Application  shall  only  be  granted  upon  the  condition 
that  the  owner  of  the  ])]-operty  to  be  benefitted  shall  pay  for  each  tap  ;^eguiaUng"the 
for  the  first  twelve  moiitlis  the  sum  of  not  less  than  eighty  cents  per^"X'***"^  °^ 
month,  subject  to  discount  of  twenty-five  per  cent,  if  paid  on  or  be-  May  31,  iso;. 
fore  the  tenth  of  the  month  following  the  month  of  consumption  or 
assessment  from  the  date  connection  is  made,  subject  to  discontinu- 
ance of  the  service  after  first  twelve  months,  credit  for  same  to  be 
computed  from  the  date  notice  is  given  to  the  waterworks  office. 

Sec.  704:.  After  the  applicant  has  complied  with  these  regulations, 
a  permit  will  be  issued  a  plumber  to  do  the  work  of  making  the  proper 
connections  inside  the  premises,  as  applied  for. 

Sec.  705.     No  persons   but   an  authorized   employe  of  the  Water- 

Street    connec- 

works  Department  shall  tap  any  main  or  distributing  pipe.     Only  one  tions. 
tap  shall  be  made  for  same  premises.     If  an  additional  one  is  required, 
the  cost  of  same  shall  be  borne  by  the  owner  of  the  property. 

Sec.  706.     Every  street  connection  at  the  time  of  making  the  same 

'  stop-cock    and 

shall  be  provided  with  a  separate  stop-cock  and  box  at  the  curb  of  the  ^^x. 
sidewalk,  when  practicable,  for  each  tenement  or  premises  to  be  sup- 
plied.    On  private  pipes  laid  on  streets  which  have  no  mains,  a  stop- 
cock and  box  will  be  supplied  to  each  consumer  free  of  cost.     Xo 
shut-off  shall  be  placed  on  private  property,  or  on  a  private  alley. 

Sec.  707.     The  stop-cock  and  box  at  the  curb  are  the  property  of  Q^^g^ship  ami 
the  waterworks,  placed  there  for  their  sole  use.  repairs. 

Sec.  708.  The  pipe  from  the  property  line  into  the  premises  of  the 
consumer  are  his  property,  and  all  the  repairs  to  the  same  must  be 
made  at  his  expense.  If  said  pipes  be  corroded  or  stopped  up,  so  that 
there  is  not  sufficient  force  to  operate  the  meter,  consumer  will  be 
required  to  renew  the  same.  Failure  to  do  this  upon  proper  notice 
from  the  water  office,  the  water  will  be  cut  off  and  not  turned  on 
again  until  the  defect  is  remedied. 

Sec.  709.     All  plumbing  from  the  property  line  inward  must  bo  Private  piumb- 
done  at  the  expense  of  the  owner  of  the  property.  '"^' 

Sec.  710.     Whenever  two  or  more  parties  are  supplied  by  the  same 
service  pipe,  the  failure  of  any  one  of  the  number  to  pay  the  water  p^ties'^oJT^Jne 
bill  when  due  shall  authorize  the  superintendent  of  the  waterworks  to 
turn  the  water  off  from  the  said  pipe  until  the  rates,  terms  and  con- 
ditions are  complied  with. 

Sec.  711.     All  services  intended  to  use  city  water  as  motive  power, 

■  '  Water  used 

such  as  motors,  elevators,  organ  motors,  etc.,  must  be  provided  with  for  motive 

*^  ^  power. 

an  approved  meter  or  counter,  by  and  at  the  expense  of  the  con- 
sumer, which  shall  be  attached  before  the  machine  is  set  in  operation. 
Sec.  713.     Whenever  the  city  water  is  introduced  into  any  prem- 

.  .  "^  Inspection. 

ises,  or  changes  are  made  m  water  pipe  or  fixtures  affecting  the  rates 


208  Part  III. — Ordinances. 


of  suppl}^  the  plumber  shall  make  a  return  of  same  to  the  water  office 
as  soon  as  the  work  is  completed,  and  the  plumbing  will  then  be 
promptly  and  carefully  inspected.  The  water  will  not  be  turned  on 
permanently  in  any  case  until  the  Inspector  is  satisfied  that  each  and 
every  rule  relating  to  the  subject  has  been  complied  with.  This  sec- 
tion only  applies  to  No.  4  of  this  ordinance. 

Sec.  713.     Persons  intending  to  sprinkle  the  streets  with  wagons 

street  sprink-    "lUst  arrange  in  advance  with  the  Board  of  Water  Commissioners; 

mg  wit    was-  g^^i^  ^^^^  ^^  wagon  must  be  plainly   numbered,   so   the  Inspector  can 

report  the  number  of  such  carts  or  wagons  in  service.     Tlie  board 

reserves  the  right  to  attach  a  meter  or  counter  to  each  or  any  of  these 

wagons  for  the  purpose  of  metering  the  supply  furnished  by  them. 

Sec.  714.     Whenever  water  is  used  on  any  unmetered  service  for 

Water  for  fire  fire  protection,  in  actual  case  of  conflagration,  no  charge  will  be  made 
for  same;  provided,,  that  the  Water  Department  is  notified  in  writing 
within  twenty-four  hours  after  all  fires. 

Sec   715.     Pipes  for  protection  must  be  fitted  up  with  such  fixtures 

Fire  pipes,        only  as  are  needed  for  fire  protection.     A  valve  must  be  placed  just 

regulations    as  "^ 

to.  inside  the  premises    to    control  the  entire  supply.     All    such    valves 

must  be  sealed  by  the  Water  Department,  and  in  no  case  shall  the 
seal  be  broken  except  in  case  of  actual  fire.  After  notification  of  seal 
being  broken,  it  shall  be  the  duty  of  the  Inspector  to  reseal  these  valves. 
The  Board  of  Water  Commissioners  shall  have  power,  in  their  discre- 
tion, to  require  all  such  fire  services  to  be  provided  witli  a  meter  or 
counter  to  be  put  in  at  any  time,  such  as  said  board  may  in  each  case 
prescribe,  either  at  the  time  of  making  the  tap  or  afterwards,  and  to 
make  any  changes  or  just  and  reasonable  requirements  as  good  service 
may  from  time  to  time  require  in  each  instance,  either  as  to  said 
counter,  or  as  to  any  other  part  of  said  appliances  pertaining  to  the 
same. 

Sec.  716.     Parties  having  connections,  using  for  fire  protection,  can 
Tests,  how  se-  test  their  fire  apparatus  at  any  time  under  the  following  conditions : 
''"'''^''"  First — Notice  to  be  given  at  the  water  office  that  such  test  is  desired, 

when  date  and  hour  will  be  assigned  the  applicant. 

Second — All  tests  must  be  made  in  the  presence  of  the  propost'd 
employe  of  the  Waterworks  Department,  whose  duty  it  is  to  remove  and 
replace  the  seals  of  the  Water  Department. 

Third — For  each  and  every  violation  of  the  above,  the  oifendinu- 
party  shall  have  the  water  cut  off,  and  be  subjected  to  a  fine  of  not  less 
than  $5.00  nor  more  than  $50.00,  in  the  discretion  of  the  Recorder's 
Court,  upon  conviction  of  such  violation  therein. 

Sec.  717.     The  expense  of  tapping  the  mains,  making  connections. 

placing  valves,  meters   or   any   protective    device,   that   tlie  Board  of 

Owner  pays  for  Water  Commissioners  may  deem  necessary  to  prevent  the  illegal  use 

*'"'■  of  watei-,  must  in  all  ca>es  be  borne  by  the  owner  of  the  i)roperty  bene- 


P.vtrr  Til. — OiiDiXAXCES.  209 


fitted.     All  connections  to  the    property    line    and  placing  of  meters 
must  be  made  by  the  authorized  employes  of  the  Water  Department. 

Sec.  718.     It  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  interfere,  or  in  any  way  intermeddle  with  any  of  the  wells,  reser- '"j*^''^^^';^^^'^^ 
voirs,  basins,  or  with  the  water  in  the  same  or  with  the  water  mains,  f^X^jj^J,';-' 
pipes,  plugs,  meters  or  eonncctioiH  in  oi-  (nit  of  tlie  City  of  Atlanta  oF 
the  waterworks  of  the  said  city,  or  to  make  any  connection  therewitli 
by  tapping  any  of  said  mains  or  pipes,  or  otherwise  in  violation  of  tho 
laws  and  ordinances  of  the  city,  now  or  hereafter  enacted,  without  the 
knowledge  and  permission  of  the  authorities  of  the  Water  Board  of 
the  City  of  Atlanta,  or  to  knowingly  permit  any  such  connection  or 
tapping  to  be  made  on  their  premises,  or  premises  in  their  possession 
or  control  as  agent,  tenant  or  otlijerwise,  or  knowingly  use  water  from 
such  unauthorized  connection.     Any  person  violating  this  section  shall 
n<-  guilty  of  a  misdemeanor,  and  upon  conviction  in  the  Recorder's  Punishment 
(  nurt  shall  be  fined  in  the  sum  not  to  exceed  $100.00  or  imprisonment  "'*''"'''"''■ 
in  city  stockade  not  over  thirty  days,  or  both,  in  the  discretion  of  the 
court. 

Sec.  719.     It  shall  be  the  dutv  of  the  police  of  the  City  of  Atlanta 

•    -1       i      •  n    1       11       -n  TO  ITT  r-4  Police    to    as- 

to  give  vigilant  aid  to  the  Board  of  \\  ater  Commissioners  in  the  en-?ist  in  enforc- 
forcement  of  their  rules   and   regulations,   and    to  this  end  they  shall 
report  all  violations  thereof    which    come    to    their  knowledge  to  the 
waterworks  office. 

Sec.  720.     The  Board  of  Water  Commissioners  and  proper  officers  „ 

A       ^  Reserved 

ol  the  U  ater  Department  have  the  right  at  all  hours  to  enter  upon  the  "^'^^s. 
premises  where  the  city  water  is  taken,  for  the  purpose  of  inspecting 
the  pipes  and  fixtures,  setting  and  reading  and  repairing  meters,  turn- 
ing water  off  or  on,  and  enforcing  the  rules  generally.  Each  and 
every  denial  of  this  right  will  render  the  offending  parties  liable  to  the 
penalties  prescribed  for  the  violation  of  the"  rules. 

Sec.  721.  The  Board  of  Water  Commissioners  and  proper  officers 
of  the  Water  Department  may  stop  the  supply  of  water  in  cases  of  shSf  off"?n  m 
emergency,  and  shut  it  off  for  repairs  or  extensions ;  they  being  judges  *''"*''"^^°^>'- 
of  the  times  and  necessity.  Reasonable  notice  to  be  given  when  prac- 
ticable. Xeither  the  Board  of  Water  Commissioners  nor  the  City  of 
Atlanta  shall  be  liable  in  damages  for  any  insufficient  supply  of  city 
water. 

Sec.  722.  ^NTeters  are  to  be  attached  to  all  premises  where  citv 
water  is  to  be  used,  except  as  the  Board  of  Water  Commissioners  shall  Meters, 
otherwise  direct.  After  the  adoption  of  these  rules  and  regulations, 
all  meters  set  must  be  of  the  size  and  make  approved  by  the  Board  of 
Water  Commissioners.  These  meters  are  to  be  kept  in  stock  by  the 
Waterworks  Department,  and  sold  to  consumers  at  actual  cost  M'ith 
freight  added.  Each  applicant  for  city  water  must  select  an  approved 
meter  and  pay  the  City  Tax  Collector  for  same  before  his  application 


210  Part  III. — Ordinances. 


will  be  granted.  After  the  purchase  of  the  first  meter  Ijy  the  property 
owner,  and  the  turning  of  the  same  over  to  the  city  as  herein  provided 
for,  the  city  will  keep  the  same  in  repair  and  replace  it  with  a  new 
meter  when  worn  out,  without  further  expense  to  property  owner. 
The  expense  of  setting  this  meter,  enclosing  it  in  a  suitable  box  (on 
sidewalk  when  practicable),  running  service  pipe  to  property  line  and 
keeping  it  in  repairs,  will  be  borne  by  the  city ;  provided,  that  the 
owner  turns  his  meter  over  to  the  Water  Department;  said  meter  to 
be  under  their  exclusive  control  and  ownership.  All  owners  of  meters 
that  are  now  in  service  can  have  them  placed  on  sidewalk  and  kept  in 
repair  at  the  expense  of  the  city  under  the  same  rules  and  regulations 
as  provided  for  above.  Xo  worn  out  or  condemned  meter  will  be  ac- 
cepted, and  must  be  in  fairly  good  working  order,  but  these  regula- 
tions do  not  apply  to  large  consumers  who  are  required  to  purchase 
their  own  meter  to  be  set  by  the  Water  Department,  and  kept  in 
repairs  by  said  department.  Changes  of  ownership  of  meters  to  the 
city  to  be  inade  gradually  in  discretion  of  Water  Board.  Any  consu- 
mer who  fails  to  turn  his  meter  over  to  the  city  shall  be  liable  to  the 
city  for  the  expense  of  keeping  same  in  repair,  and  when  condemned 
or  worn  out,  for  expense  of  replacing  it  with  a  new  one ;  the  said  meter 
to  be  one  approved  by  the  Water  Department,  and  the  work  to  be  done 
by  the  said  department.  After  the  Water  Department  has  taken 
charge  of  meters,  no  plumber  or  other  person  will  l)e  allowed  to  set, 
repair,  or  otherwise  handle  any  meter  belonging  to  the  department,  or 
any  consumers  using  city  water. 

Sec.  723.     Parties  living  outside    of    the    city  limits,   using  city 
Rates  for          watcr,  uuist  pav  for  the  same  one  hundred  per  cent,  more  than  those 

consumers    out-  ^  x     .  i 

side  of  city,  residing  within  the  limits,  and  be  subjected  to  such  conditions  as  the 
Board  of  Water  Commissioners  may  from  time  to  time  deem  for  the 
best  interest  of  the  City  of-  Atlanta. 

Sec.  724.     Every  plumber  is  required  to  make  immediate  returns 

Plumbers  and    ^^  ^^^  Water  Department  of  all  work  done  by  him,  calculated  in  any 

plumbing.  ^^gg  |.Q  q^qqI  a  change  in  the  water  rate  on  the  premises  where  said 
work  has  been  executed,  with  date  when  and  the  name  of  the  party  for 
whom  it  was  done.  He  shall  report  all  plumbing  or  use  of  the  water 
that  is  contrary  to  the  rules  which  may  come  to  his  notice. 

Sec.  725.     No  plumber  shall  allow  his  name  to  be  used  by  any  other 

Regulations  as  pcrsou  or  party  for  the  purpose  of  doing  work  under  his  license.  All 
plumbing  must  be  done  in  a  thorough  and  workmanlike  manner,  both 
in  regard  to  material  and  labor,  and  will  be  re(iuin'd  to  conform 
strictly  to  the  rules  of  the  Board  of  Water  Commissioners. 

Sec.  72G.  No  plumber  will  be  permitted  to  turn  water  into  any 
service  pipe  (aside  from  the  purpose  of  testing  his  work,  when  it  must 
be  immediatly  turned  off  again).     Plumbers  who  violate  any  of  these 


to  plumbers. 


Part  III. — Ordixaxces.  211 


rules,  or  others  that  the  Board  of  Water  Commissioners  ma)''  prescribe, 
will  be  deprived  of  their  certificate,  subject  to  action  of  said  board. 

Sec.  727.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  tliis  chapter,  upon  conviction  thereof  before  the  Record- 
er's Court,  unless  a  special  penalty  is  otherwise  prescribed,  shall  be 
fined  not  exceeding  one  hundred  dollars,  or  imprisonment  in  the 
stockade  not  exceeding  thirty  days,  or  both,  in  the  discretion  of  the 
court. 

Sec.  728.     Police  powers  are  hereby  conferred  upon  the  water  me-  ore*havi"poUce 
ter  readers  and  inspectors  of  the  Waterworks  Department.  Apr"22,  i898. 


CHAPTER   XVI. 


CITY  PHYSICIAXS. 


Section. 

729.  Election. 

730.  Salaries. 

731.  Duties. 

732.  To  attend   policemen. 


Section. 

733.  Monthly   reports. 

734.  Small-pox   hospital. 

735.  Supervision   of   Relief   Committee. 

736.  Must  vaccinate  free  of  charge. 


Duties. 


Sectiox  729.  The  Mayor  and  General  Council  may,  when  other 
officers  are  elected,  elect  as  many  City  Physicians  as  they  may  deem 
necessary  for  the  proper  treatment  of  the  poor  of  the  city. 

Sec  730.  Said  City  Physicians  shall  receive  such  salaries  as  may 
be  fixed  by  the  Mayor  and  General  Council,  and  the  amount  of  such 
salaries  shall  be  determined  prior  to  their  election  and  not  be  changed 
during  their  terms. 

Sec  731.  Each  of  these  physicians  must  have  his  residence  and 
office  in  the  division  for  which  he  is  elected.  It  shall  be  the  duty  of 
the  City  Physician  to  attend  to  all  kinds  of  practice  among  the  poor, 
free  of  charge,  viz :  .medical  and  surgical  cases,  including,  besides  ordi- 
nary diseases  or  injuries,  obstetrics,  venereal  diseases,  and  small-pox. 
It  shall  also  be  their  duty  to  vaccinate  every  poor  child  in  their  respect- 
ive divisions,  free  of  charge,  to  which  no  objection  is  offered. 

Sec.  732.  It  shall  be  the  duty  of  the  City  Physicians  in  their  re-  cny  phvsi- 
spective  wards  to  attend  all  policemen  who  may  be  injured  while  on  poi^emen."^"*^ 
duty,  when  requested  to  do  so,  and  it  shall  also  be  the  duty  of  the  po- 
licemen to  use  every  effort  to  secure  the  aid  and  attendance  of  the  City 
Physicians  when  they  may  be  needed  for  the  treatment  of  injuries 
received  by  the  policemen  while  on  duty  before  calling  in  any  other 
physician. 

Sec  733.     The  City  Physicians  shall  make  monthly  reports  at  the 
first  regular  meeting  in  each  month  of  the  number  of  patients  treated,  l^onl^^^  ^^' 
number  of  street  where  they  live,  name  of  disease,  number  of  visits  to  Aug.  s,  isu. 
each  patient,  deaths,  cures,  relieved,  improved,  etc.     These  reports, 
after  being  read,  to  be  filed  with  the  Clerk  of  Council. 


!12 


Part  III. — Ordixaxces. 


Smallpox   hos- 
pital. 


Physician. 


Sec.  734.  If  small-pox  prevails  to  the  extent  of  necessitating  the 
opening  of  the  small-pox  hospital,  the  Mayor  and  General  Council 
may,  in  their  discretion,  during  such  emergency,  employ  a  physician  to 
take  charge  of  said  hospital,  at  such  salary  per  month  as  said  Council 
may  deem  adequate ;  and  it  shall  be  the  duty  of  said  physician  to  at- 
tend all  pauper  cases  of  small-pox  occurring  in  the  city,  and  to  cause 
the  removal  of  such  cases  to  the  small-pox  hospital  at  the  earliest 
practicable  moment,  there  to  be  treated  by  him.  And  it  shall  be  the 
duty  of  each  City  Physician  to  report  to  said  small-pox  physician  all 
eases  of  small-pox  occurring  in  his  division.  But  when  in  the  opinion 
of  the  Mayor  and  Council  no  such  emergency  shall  exist,  or  such 
emergency  shall  cease  to  exist,  then  each  of  the  City  Physicians  shall 
attend  the  patients  in  said  hospital  in  rotation,  one  month  at  a  time, 
without  additional  compensation,  and  it  shall  be  the  duty  of  the  chair- 
man of  the  Eelief  Committee  to  assign  them  to  duty.  The  medical 
and  other  supplies  furnished  the  small-pox  hospital  to  be  at  the  ex- 
pense of  the  city. 

Sec.  735.  The  Relief  Committee  shall  have  supervision  over  the 
City  Physicians,  and  see  that  they  perform  their  duties  faithfully. 
In  case  of  neglect  of  duty,  they  shall  report  the  case  to  the  Mayor  and 
General  Council,  and  if,  after  due  investigation,  the  physician  be 
found  guilty,  he  shall  be  reprimanded,  fined  or  dismissed  from  office, 
at  the  discretion  of  the  City  Council. 

Sec.  736.  It  shall  be  the  duty  of  City  Physicians  to  vaccinate 
free  of  charge,  all  residents  of  the  city  who  may  apply  to  them  for  that 
purpose. 


Supervision    of 
relief   commit- 


Free    vaccina 
tion. 


Part  III. — Ordinances. 


213 


CHAPTER    XVII. 


HEALTH SANITARY     DEPARTMENT. 


Section. 

737.  Board  of  Health— election  of  members. 

738.  Powers  of  Board.  • 

739.  Estimate  of  expenditures  to  be  furnished 
Ma.vor   and   General   Council. 

740.  Accounts— how  approved. 

741.  Annual  report. 

741   (a).    Board  shall   appoint   inspectors. 

742.  Election  and  term  of  Chief. 

743.  Salaries  of  Chief  and  Inspectors. 

744.  Sales  of  old   articles  to   be  reported. 

745.  Powers  and   duties  of  Inspectors. 

746.  Inspection  of  premises. 

747.  Garbage   and   excrement   to  be   removed. 

748.  Removal   of   dead  carcasses. 

749.  Contagious  diseases  to  be  reported. 

750.  Undertakers   to   report   infected     corpses, 
etc. 

751.  Decaying-  matter  to  be  removed. 

752.  Hides,    rags,    etc. — regulations   as   to. 

753.  Penalty   for   placing   decaying   matter   on 
premises    of    another. 

754.  Small-pox   flag. 

755.  Funerals  of   deceased   from   contagion. 

756.  Sale   of   infected   clothiag. 
757-760.  Surface    privies. 

761.  Closets  on  cars. 

762.  Slaughter  houses. 

763.  Filthy   water   in   streets. 

764.  Nuisances — sanitary. 

765-766.  Guano    factories    forbidden. 
767.  Opium   joints. 


Section. 

768.  Obstructing  gutters. 


.  Vaccination. 

.  Penalty   for   non-vaccination. 

,  Penalty  for  not  reporting  small-pox. 

.  Quarantine. 

,  Flags  and   fumigation, 
(a).  Family  not  to  move  while  card  is  up. 
Interfering  with  officers. 

■778.  Quarantine     against     infected    towns, 
railway  trains,    etc. 

.  Children    exposed    to    infection    may    not 
attend  school. 
False    reports  as  to   contagious   diseases. 

■783.  Glanders    and    other    infectious    stock 
diseases. 

Inspectors'    duty    as    to    condemning    de- 
caying matter. 
Selling   diseased   carcasses. 

789.  Oleomargarine. 
Butcher    wagons. 
Penalty. 

803.  Water    closets — regulations    as    to. 
Preamble   as   to   dumping  ground-  regula- 
tions. 
Profane   language,    etc.,    prohibited. 

807.  Interference   by    outsiders   punishable. 

816.  Contract     for     removal   of   dead   ani- 
mals,  and  further  regulations  as  to. 

826.  Milk   regulations. 
Weeds  must  be  cut  down  on  vacant  lots. 


Section  T37.  At  the  first  meeting  in  January,  1882,  tliere  shall 
be  elected  by  the  General  Council  a  Board  of  Health,  consisting  of  five 
members,  at  least  three  of  whom  shall  be  physicians.  One  of  said 
Ijoard  shall  be  elected  for  one  year,  two  for  two  years,  and  two  for 
three  years.  All  elections  thereafter,  except  for  unexpired  terms, 
shall  Ix'  for  three  years.  The  Mayor  and  chairman  of  the  Committee 
on  Sanitary  Affairs  shall  be  ex-officio  members  of  this  board. 

Sec.  738.  They  shall  have  full  power  and  authority  to  require  the 
owner  or  any  occupant  of  a  lot  in  the  city  to  remove  or  remedy  any- 
thing on  said  lot  which,  in  the  opinion  of  the  board,  may  endanger 
the  public  health,  and  on  failure  of  the  owner  or  occupant  to  remove 
or  remedy  the  same,  the  board  shall  direct  the  Chief  Sanitary  Inspector 
to  do  so  at  the  cost  of  said  owner  or  occupant ;  or  if  the  occupant  has 
.but  lately  come  into  possession,  and  the  same  has  not  been  placed  there 
by  him,  or  any  member  of  his  family,  or  by  his  permission,  order  or 
direction,  then  it  shall  be  removed  at  the  cost  of  the  prior  occupant ; 
and  if  not  to  be  found,  then  at  the  cost  of  the  owner  of  the  lot :  and  it 
shall  l)e  the  duty  of  the  said  board  to  make  such  suggestions  as  they 
may  deem  advisal)le  to  the  Council  to  preserve  the  public  health. 


Board   of 
Health. 


Election  and 
term   of. 


114 


Part  III. — Ordinances. 


Expenditure!? 
of. 


Sec.  739.  They  shall  present  to  the  Mayor  and  Cleneral  Council 
in  January  of  each  year  an  estimate  showing  what  appropriation  is 
necessary  for  the  Sanitary  Department  for  the  year,  and  amount  of 
probable  receipts  from  assessments  on  lots  and  lot  owners  for  the  same 
time.  The  General  Council  shall  then  appropriate  such  an  amount 
for  the  use  of  the  Board  of  Health  as  the  income  of  the  city  will  author- 
ize for  the  year. 

Sec.  740.  The  board  shall,  by  such  officers  as  it  may  designate, 
audit  and  approve  all  accounts  made  by  it  and  the  pay-rolls  of  its 
employes,  and  after  the  same  have  been  approved  by  the  Sanitary 
Committee,  they  shall  be  presented  to  the  Comptroller  of  the  city. 

Sec.  741.  They  shall,  at  the  end  of  each  year,  report  to  the  Gen- 
eral Council  the  amount  of  all  expenditures  and  for  what  purpose 
made,  together  with  such  other  matter  and  suggestions  as  they  may 
deem  appropriate. 

Sec.  741  (a).  They  shall  appoint  such  number  of  Sanitary  In- 
spectors as  they  may  deem  necessary,  and  shall  fix  their  compensation 
at  not  exceeding  seventy-five  dollars  per  month  each,  except  that  the 
salary  of  Chief  Sanitary  Inspector  may  be  fixed  at  not  exceeding 
$1,500.00,  which  shall  be  paid  out  of  the  amount  appropriated  for 
sanitary  purposes. 

Sec.  742.  The  Board  of  Health  are  hereby  required  to  elect  the 
Chief  Inspector  of  the  Sanitary  Department  the  first  regular  meeting 
of  the  Board  of  Health  in  July,  1897,  and  each  two  years  thereafter, 
and  the  term  of  said  Chief  shall  be  for  a  term  of  two  years,  subject 
to  dismissal  for  cause  without  claims  for  full  two  years'  pay,  or  for 
any  pay  after  dismissal.  In  case  of  vacancy,  the  election  shall  be  for 
the  unexpired  term. 

Sec.  743.  The  salary  of  the  Chief  of  the  Sanitary  Department 
shall  be  fixed  by  the  Mayor  and  General  Council.  The  wages  of  the 
Sanitary  Inspectors  shall  be  fixed  by  the  Board  of  Health  by  the 
month,  and  shall  be  paid  monthly. 

Sec.  7-14.  The  Secretary  of  the  Board  of  Health  shall  report  to 
the  Comptroller  all  inspections  of  second-hand  clothing,  sales  of  fer- 
tilizers, etc.,  made  in  that  department,  and  the  same  shall  be  charged 
by  the  Comptroller  to  the  Chief  Inspector,  who  shall  deposit  such  sums 
with  the  City  Tax  Collector,  and  receive  credit  upon  presentation  of 
his  receipts. 

Sec.  745.  Such  inspectors  shall  be  special  policemen — shall  l)e 
authorized  to  make  arrests  for  violations  of  city  ordinances,  and  shall 
conform  to  sucli  rules  and  regulations  as  shall  be  from  time  to  time 
established  by  the  Board  of  Health.  They  shall  take  the  oath  re- 
quired of  regular  policemen. 

Sec.  746.  It  is  hereby  made  the  duty  of  Sanitary  Inspectors  to 
make  frequent  examinations  (more  especially  in  the  spring,  summer 


Accounts,   how 
approved. 


Report. 


Sanitary 
spection. 


Ordinance   vela 
tive  to  the 
election  and 
term  of  office 
of   Chief   In- 
spector  of 
Sanitary   De- 
partment,  etc. 

June  10,   1S97. 


Salary  of  Chief 
to  be  fixed  by 
Mayor  and 
Council. 

See  741. 


Sales  and   in 
spections   re- 
ported    to 
Comptroller. 


Powers  and  du- 
ties of  Inspec- 
tors. 


Part  III. — Ordixaxces.  215 


and  fall  months)   into  the  condition  of  the  lots,  vards  and  premises  ^,      .    ^. 

'  '    .  1  Examination 

of  citizens,  to  see  if  they  are  kept  in  a  clean  and  healthy  state,  and  if  sLuTr'^'Tn-  ^^ 
they  shall  find  anything  which  may  become  a    nnisance    they    shall  ^pe^'tors- 
notify  the  person  or  persons  on  whose  premises  the  same  may  be  found  ^'^  ^■^^" 
to  remove  the  same  in  six  hours,  and  on  failure  or  refusal  on  their 
part  to  do  so,  shall  be  proceeded  against  in  the  manner  prescribed  in 
Section  751. 

Sec.  747.  It  shall  be  the  duty  further  of  the  Sanitary  Inspectors 
to  see  that  all  sweepings  and  garbage  within  the  sanitary  limits  are  fg^'to^^garb'agr' 
removed  to  some  suitable  place  to  be  designated  and  approved  by  the  ^^'^  excrement. 
Sanitary  Department,  and  that  the  excrement  from  all  privies  and 
closets  not  connected  "with  the  waterworks,  within  said  limits,  shall  be 
likewise  removed,  by  garbage  and  night-soil  carts,  which  shall  be  pro- 
vided by  the  Sanitary  Department. 

Sec.  718.  Whenever  the  Chief  of  Police  or  Sanitary  Inspectors 
shall  be  informed  of  any  dead  horse,  mule,  cow  or  other  animal  being  carcasses,  how 
within  the  incorporate  limits  of  the  City  of  Atlanta,  he  or  they  shall  '"^'"°^*^  " 
cause  said  carcass  to  be  removed  beyond  said  limits,  and  then  prop- 
erly buried  or  disposed  of  so  as  not  to  create  a  nuisance,  and  any  per- 
son or  persons  other  than  those  employed  who  shall  remove  the  car- 
cass of  any  such  animal  shall,  on  conviction,  be  fined  not  more  than 
one  hundred  dollars,  or  imprisoned  not  exceeding  thirty  days,  in  the 
discretion  of  the  court;  provided,  the  owner  or  his  authorized  agent 
may  remove  such  carcass  from  the  city  under  the  direction  of  a  San- 
itary Inspector. 

Sec.  719.  It  shall  be  the  duty  of  every  hotel  keeper,  boarding-  . 
house  keeper,  and  other  citizens  within  this  city,  to  give  immediate  contagious  dis- 
notice  to  the  Board  of  Health  of  any  case  of  contagious  or  infectious 
disease  of  a  dangerous  character,  such  as  small-pox,  cholera,  diphthe- 
ria, membranous  croup,  measles,  typhoid  fever,  typhus  fever,  scarlet 
fever,  yellow  fever,  and  such  other  diseases  as  may  be  publicly  de- 
clared l)y  the  Board  of  Health  to  be  contagious  or  infectious, 
whieli  may  occur  in  his  or  her  hotel,  boarding-house,  or  other 
dwelling,  and  if  any  hotel  keeper,  boarding-house  keeper,  or 
other  citizens,  shall  fail  or  neglect  to  report  as  aforesaid  any 
and  all  such  cases  of  said  diseases  as  may  occur  or  be  at  their 
hotel,  boarding-house,  or  place  of  dwelling,  each  and  every  offender 
shall,  on  conviction,  be  fined  not  exceeding  one  hundred  dollars  and 
costs,  or  be  imprisoned  not  exceeding  thirty  days,  or  both,  in  the  dis- 
cretion of  the  court.  It  shall  likewise  be  the  duty  of  the  attending 
physician  to  give  immediate  notice  to  the  Board  of  Health  of  any  cases  report"contl° 
of  contagious  or  infectious  disease  of  a  dangerous  character,  such  as  ^'^'"^ 
small-pox,  cholera,  diphtheria,  scarlet  fever,  yellow  fever,  and  such 
other  diseases  as  may  be  declared  by  said  Board  of  Health  to  be  con- 
tagious or  infectious  which  may  come  under  the  professional  care  of 
snch  physician,  and  it  shall  also  be  the  duty  of  the  attending  physician 


216  Part  III. — Ordinances. 


to  report  to  the  Board  of  Health  office,  when  such  patients  are  free  from 
contagion  and  house  ready  for  disinfecting  and  fumigating;  and  any 
physician  who  shall  fail  or  neglect  to  report  as  aforesaid  any  such  eases 
of  said  diseases  that  come  under  his  professional  care  as  aforesaid,  shall 
be  punished,  on.  conviction  thereof  in  the  Recorder's  Court,  by  fine 
not  to  exceed  one  hundred  dollars  and  costs,  or  imprisonment  not  to 
exceed  thirty  days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  750.  It  shall  be  the  duty  of  every  undertaker  having  notice  of 
Undertakers'  the  death  of  any  person  within  the  City  of  Atlanta  of  small-pox,  diph- 
to^bodierdead  theria,  scarlet  fever,  yellow  fever,  typhus  fever,  Asiatic  cholera,  or  any 
gkms  'd'iseases.  other  contagious  disease  dangerous  to  the  health  of  the  community,  or 
Oct.  5,  1894.  the  bringing  of  dead  body  of  any  person  who  has  died  of  any  such  dis- 
See  755.  casc  iuto  such  city,  to  give  immediate  notice  thereof  to  the  Health 

Department.  And  no  undertaker  shall  retain  or  expose,  or  assist  in 
the  retention  or  exposure  of  the  dead  body  of  any  such  person,  except 
in  coffin  or  casket  properly  sealed ;  nor  shall  he  allow  any  such  body  to 
be  placed  in  any  coffin  or  casket  unless  the  body  has  been  thoroughly 
disinfected  and  wrapped  in  a  sheet  saturated  in  a  solution  of  corrosive 
sublimate — two  drachms  to  a  gallon  of  water — and  the  coffin  or  casket 
be  immediately  and  permanently  sealed;  nor  shall  he  assist  in  the 
public  or  church  funeral  of  any  such  person.  Each  violator  shall 
pay  a  fine  not  exceeding  one  hundred  dollars  and  costs,  or  be  impris- 
oned not  exceeding  thirty  days,  either  or  botli,  in  the  discretion  of 
the  Recorder's  Court. 

Sec.  751.  Any  owner  or  occupant  of  any  lot  who  shall  suffer  to 
Decayed  flesh  remain  ou  his  or  her  lot,  owned  or  occupied  by  him  or  her,  any  decayed 
moved*°in"sir'  Aesli,  or  Vegetables,  or  any  otlier  thing  which  may  annoy  his  or  her 
hours.  neighbors,  or  tend  to  affect  injuriously  the  health  of  any  citizen,  shall 

See  74G.  1^^.  re(|uired  to  remove  the  same  within  six  hours,  and    on    failure    to 

remove  or  remedy  the  same  within  Six  hours,  if  it  can  be  done,  on  con- 
viction, pay  a  fine  not  exceeding  one  hundred  dollars  and  costs,  or  be 
imprisoned  not  exceeding  thirty  days,  for  every  six  hours  it  is  suffered 
to  remain;  and  if  it  be  adjudged  a  nuisance,  in  the  manner  prescribed 
by  the  statute  or  the  ordinances  of  the  City  of  Atlanta,  the  Sanitary 
Inspectors  shall  in  that  case,  by  order,  abate  the  same,  and  tlie  offender 
shall  pay  the  cost  of  trial  and  abatement;  or,  if  the  occu])ant  lias  l)ut 
lately  come  into  possession,  and  the  same  has  not  been  placed  there  by 
him,  or  any  member  of  his  family,  oi-  hy  liis  consent  or  approbation, 
the  costs  of  the  removal  shall  ho  charged  to  the  prior  occupant,  and 
if  not  to  be  found,  the  own(>r  of  the  lot;  and,  on  the  judgment  of  the 
Recorder's  Court  to  that  effect,  execution  sliall  he  issued  \)y  tlie  Clerk 
of  Council,  in  favoi-  of  the  City  of  Atlanta,  against  the  persons  liable 
under  the  ])rovi-;ions  of  this  ordinance. 

Skc.  75-.'.      No  person  shall   keep  hides,  dried  or  green,  filthy  rags, 
bones,  or  guano,  or  anything  else,  that  may  he  adjudged  a  nuisance,  to 


Part  III. — Ordinances.  21' 


the  aiHioyaiici-  oJ'  any  citizen  or  the  detriiuent  of  the  ])uhlic  health,  jjj^^^  pj^,^^. 
within  tliree  hundred  yards  of  the  dwelling  or  buniness  house  of   any ''^s^'  «'''^- 
citizen  of  said  city;  and  any  person  violating  this  ordinance  shall,  on 
conviction,  pay  a  fine  of  not  exceeding  one  hundred  dollars  and  costs, 
or  be  imprisoned  not  more  than  thirty  da3's,  in  the  discretion  of  tlie 
Eecorder's    Court;    provided,    hoivever,    that    dry    hides,    thoroughly ^^i^nn^r  of 
cured  and  odorless,  may  be  kept  for  sale  in  the  city  adjoining  business  anj^green'^^ 
houses ;  and  that  green  hides,  after  being  thoroughly  salted  outside  the  ''"^^^  "*  *^'^^" 
city  limits,  nuiy  also  be  kept  in  the  city  for  sale,  and  in  houses  adjoin-''""^  ^°'  ^^^^' 
ing  business  houses,  during  the  months  of  Xovember,  December,  Jan- 
uary, February  and  March;  and,  provided  further,  that    no    dry    or 
green  hides  shall  be  kept  in  the  city  limits  if  they  do,  in  fact,  amv)unt 
to  or  may  be  adjudged  a  nuisance. 

8ec.  753.     Any  person  or  persons  who  shall  throw  or  place  on  any 

'  Placing  de- 

street,  alley,  or  on  the  lot  of  another,  any  decayed  flesh  or  vegetables,  cayed  matter 

or  other  offensive  matter,  calculated  to  annoy  the  citizens  of  the  neigh-  another, 
borhood,  or  endanger  their  health,  shall,  on  conviction,  pay  a  fine  of 
not  exceeding  one  hundred  dollars  and  costs,  or  be  imprisoned  not  ex- 
ceeding thirty  days,  at  the  discretion  of  the  Recorders  Court. 

Sec.  754.  Owners  or  occupants  of  all  residences,  tenements  or 
rooms  in  the  city,  where  small-pox  exists,  shall  hang  out  a  yellow  flag  f/"ng^'P°'' 
at  some  conspicuous  place  on  said  premises.  Any  person  failing  to 
comply  with  this  ordinance  shall,  on  conviction,  be  fined  not  exceeding 
twent3^-five  dollars  and  costs,  or  imprisoned  ten  days  in  the  city  prison, 
in  the  discretion  of  the  Recorder's  Court. 

Sec.  755.     There  shall  not  be  a  public  or  church  funeral  of  any  per- 
son M-ho  shall  have  died  of  any  contagious  or  infectious  disease,  such  as  pereons^de-^ 
small-pox,  scarlet  fever,  diphtheria,  j^ellow  fever,  cholera,  or  typhus  comtgious'^dis- 
fever ;  nor  shall  the  body  of  such  person  be  carried  into  a  churcli  or  lated.  ^^^^' 
other  public  building;  nor  shall  it  be  lawful  to  invite  or  permit  at  see  750. 
such  funeral  any  person  whose  attenihmce  is  not  necessary  or  to  whom 
there  is  danger  of  contagion  thereljy.     Any  person  violating  this  sec- 
tion, or  any  part  thereof,  shall,  on  conviction,  pay  a  fine  of  not  exceed- 
ing one  hundred  dollars  and  costs,  or  be  imprisoned  not  exceeding 
thirty  days,  either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  75G.     Any  person  who  shall  knowingly  sell,  or  cause  to  be  sold, 
or  otherwise  disposed  of,  any  bed  clothing  or  other  clothing,  or  anv^-j'e  of  infect- 

.  ^  •  '^  f  '    ed   clothing:. 

other  article  or  articles  which  are  infected  with  small-pox,  typhus  fever 
j  yellow  fever,  scarlet  fever,  diphtheria  or  cholera,  whereby  the  disease 
I  may  be  spread  or  made  liable  to  be  spread  or  disseminated, shall,  on  con- 
viction, pay  a  fine  of  not  exceeding  one  hundred  dollars  and  costs,  or 
be  imprisoned  not  exceeding  thirty  days,  in  the  discretion  of  the  Re- 
corder's Court. 

Sec.  757.     All  privies  within  the  corporate  limits    shall    be    kept  f,^ndJtio„  ,-„ 
clean  and  well  limed,  or  served  with  other  disinfecting  agents,  and  p'ljj.'jpg*^"  ^^^^ 


218  Part  III. — Ordixaxces. 


Amended         ^^^^  actiifll  tenant  or  occupant  of  all  lots  upon  which  privies  are  sit- 
Mar.  17,  i89t;.    uated  shall  be  held  responsible  for  the  cleanliness  of  the  same. 

Sec.  758.  It  shall  be  the  duty  of  all  persons  having,  owning  or 
Shall  provide  Controlling  privies,  not  connected  with  the  waterworks,  within  the 
elcreta.''^^  ^°^  sanitai\y  limits,  to  have  and  use  water-tight  receptacles  in  which  to 
receive  all  excreta;  and  it  shall  be  the  duty  of  such  persons  aforesaid 
to  cause  the  contents  of  such  receptacles  to  be  deodorized  or  mixed 
with  dry  earth  or  fine  coal  ashes  daily.  Should  any  person  or  persons 
fail  to  comply  with  the  rec|uirements  of  this  section  they  shall,  upon 
conviction  thereof,  be  fined  not  exceeding  one  hundred  dollars,  or  im- 
prisoned not  exceeding  thirty  days,  in  the  discretion  of  the  Eecorder's 
Court. 

Sec.  759.     All  privies  within  the  corporate  limits  of  this  city  shall 

Privies  shall  be  bc  casy  of  acccss  to  the  Sanitary  Inspectors,  or  other  officers,  and  said 

officers  shall  have  the  right  at  any  time  to  enter  upon  the  premises, 

amine  privies,  whercvcr  any  privies  are  located,  and  see  that  the  same  are  neatly  and 

cleanly  kept.     Any  person  interfering  with  said  officer,  in  the  dis- 

with  officers,     charge  of  this  duty,  shall  be  fined  not  more  than  one  hundred  dollars, 

or  imprisoned  not  more  than  thirty  days,  in  the    discretion    of    the 

court. 

Sec.  760.  The  Chief  of  Police  or  Sanitary  Inspectors  shall  make, 
Examination  of  tluriug  the  Spring  and  summer  months,  weekly  examinations  into  the 
privies.  conditions  of  each,  and  whenever,  in  his  or  their  judgment,  this  ordi- 

nance is  violated,  he  shall  notify  the  owner,  tenant  or  occupant  of  said 
lot  to  put  said  offensive  privy  forthwith  in  arder;  and  in  case  of 
refusal  or  neglect  on  the  part  of  said  owner,  tenant  or  occupant  to 
comply  within  six  hours  thereafter,  he,  she,  or  they  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars  and  costs,  or  be  imprisoned  not 
more  than  thirty  days,  in  the  discretion  of  the  Eecorder's  Court ;  and 
he  may  be  fined  a  further  sum,  not  exceeding  ten  dollars,  for  every 
twelve  hours  such  privy  shall  remain  in  an  offensive  condition. 

Sec.  761.     All  railroad  and  sleeping  car  companies  running  cars 

into  the  City  of  Atlanta  shall  keep  their  closets  securely  locked  and 

shall  not  permit  the  same  to  be  used  by  any  one  while  in  the  corporate 

June  20,  1881.  limits  of  Said  city.     The  agents,  conductors  or  representatives  of  >aii1 

companies  who  shall  violate  this  ordinance  shall  be  arrested,  and,  on 

conviction,  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not 

exceeding  thirty  days,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  762.     Xo  person  shall  keep  a  butcher-pen  or  slaughter-house 

Slaughter          withiu  the  corporate  limits  of  the  City  of  Atlanta    (including  the 

house.  water-shed  of  the  waterworks),  and  any  person  so  doing  shall,  on  con- 

Aug.  7,  1876.    viction,  be  fined  in  a  sum   not   exceeding   one  hundred  dollars,  nv  be 

imprisoned  not  exceeding  tliirly  days,  in  tlio  discretion  of  the  Rccoi'il- 

er's  Court. 

Sec.  763.     Xo    person    shall    use    the    streets    or  sidewalk-;  of  tlie 


Water    closets 
on  cars. 


Part  III. — Ordinances.  219 


city,  nor  tlie  gutters  between,  as  a  drainage  to  carry  oft'  any  water  that  ^.,^1^^.  ^^.^^^j. 
has  been  used,  or  other  fluids,  or  soapsuds  or    dye-stuffs,    or    liquid  '^''^^• 
manures,  or  any  other  liquids,  whether    from    privies    or    otherwise.  ^''^^  -"■  ^^'^• 
Any  person  discharging,  or  allowing  to  bo  discharged,  any  such  fluids, 
shall,  on  conviction  of  the  fact,  be  fined  in  a  sum  not  exceeding  twenty- 
five  dollars  and  costs,  or  condemned  to  work  in  the  chaingang  not  to 
exceed  thirty  days,  either  or  both,  in  the  discretion  of  the  Eecorder's 
Court. 

Sec.  764:.  Any  person  creating  a  nuisance  on  his,  her,  or  their  lot, 
or  a  lot  occupied  by  them,  or  allowing  a  nuisance  to  remain  six  hours  be"abated  with- 
on  their  lot,  or  a  lot  occupied  by  them,  shall  be  immediately  sum- 
moned before  the  Eecorder's  Court,  and,  on  proof,  shall  be  fined  not 
exceeding  one  hundred  dollars  and  costs.  The  summons  to  appear  is 
all  the  notice  that  shall  be  required  beyond  the  publishing  of  this  ordi- 
nance. The  following  are  declared  nuisances :  Slaughter-houses, 
pig-pens  kept  for  use  within  one  hundred  yards  of  any  private  resi-  fined  and  for- 
dence  within  the  citv  limits,  or  upon  the  water-shed  of  the  waterworks ; 

"  Aug.   21,   1S78. 

a  dead  cat,  chicken,  rat,  or  other  animal;  stagnant  water,  decayed  veg- 
etables and  fruits;  filthy  privies,  or  anything  causing  offensive  odors 
that  worketh  hurt,  inconvenience,  or  damage  to  another,  are  nuisances, 
and  shall  be  regarded  as  such,  and  subject  to  the  above  fine  of  not 
exceeding  one  hundred  dollars  and  costs.  Any  person  throwing  or 
placing  a  dead  rat,  chicken,  cat  or  other  animal,  tainted  meat,  or  de- 
cayed vegetables,  or  fruits  of  any  kind,  filthy  water,  or  excrementitious 
matter,  in  the  streets  or  alleys,  shall  be  guilty  of  causing  a  nuisance, 
and  shall  be  brought  before  the  Eecorder's  Court  and  fined  not  exceed- 
ing one  hundred  dollars  and  costs. 

Sec.  765.     There  shall  be  no  guano  or  acid  factorv  erected  or  oper-  ,,„^„^   ^, 

o  .^  i  (.uano,   etc., 

ated  in  the  City  of  Atlanta.  factories. 

Sec.  766.  Any  person,  firm  or  corporation  violating  Section  765 
shall,  on  conviction,  be  punished  by  fine  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  in  the  discretion 
of  the  Eecorder's  Court,  for  each  day  such  guano  or  acid  factory  is 
conducted  in  the  city. 

Sec.  767.  Each  and  every  person  who  shall  keep,  set  up,  maintain 
or  open  in  this  city  any  house,  room  or  place  of  any  description  for  etc. 
the  smoking  of  opium  or  any  preparation  thereof,  or  who  shall  be  an 
inmate  or  frequenter  of,  or  who  shall  in  any  way  be  connected  with 
any  such  house  or  place,  or  shall  contribute  to  its  support,  and  each 
and  every  person  who  shall  permit  any  such  house,  room  or  any  place 
in  his  possession  or  under  his  control  to  be  used  or  occupied  for  any 
such  purpose,  and  each  and  every  person  who  shall  permit  or  suffer 
any  house,  room  or  place  which  is  to  be  used  for  such  purpose  to  stand, 
be  set  up  or  opened  upon  any  lot  or  lots,  parcel  or  parcels  of  ground 
within  this  city,  owned,  held,  possessed  or  controlled  by  him,  either  as 


220 


Part  III. — Ordixaxces. 


Obstructing 
drains   or   gut- 
ters. 

June  20,    1881. 


Vaccination. 
Mar.    4,    1896. 
See  770. 


the  owner  or  agent,  or  otherwi.se,  shall,  on  conviction  thereof,  in  the 
Eecorder's  Court,  be  fined  not  less  than  fifty  nor  more  than  three  lum- 
dred  ($300.00)  dollars  for  each  offense;  and  every  day  for  which  any 
person  or  persons  shall  keep  any  house,  room  or  place  of  any  descrip- 
tion, or  shall  knowingly  allow  any  such  house,  room  or  place  to  be 
used  or  occupied  for  the  purpose  aforesaid,  shall  be  deemed  and  held 
to  be  a  separate  and  distinct  oiTense. 

Sec.  768.  Any  jDerson  or  persons  who  shall  obstruct  any  gutter  or 
drain  in  any  street  or  alley  of  said  cit.y,  or  shall  place  anything  therein 
likely  to  obstruct  the  same,  shall,  on  conviction,  be  fined  not  exceeding 
one  hundred  dollars,  or  imprisoned  not  exceeding  thirty  days,  in  the 
discretion  of  the  Eecorder's  Court. 

Sec.  769.  Every  resident  of  the  City  of  Atlanta  is  required  to  be 
successfully  vaccinated  a  sufficient  number  of  times  to  make  it  evident 
that  successful  vaccination  is  impossible,  unless  the  facts  shall  be  cer- 
tified to  by  two  reputable  physicians  of  the  City  of  Atlanta,  that  in 
any  particular  case  it  will  be  dangerous  to  the  life  or  health  of  the  per- 
son in  question  to  be  vaccinated,  and  it  shall  be  within  the  discretion 
of  the  Board  of  Education  of  the  City  of  Atlanta  to  admit  any  diild 
to  the  public  schools  without  having  been  vaccinated,  when  the  fact 
that  it  will  be  dangerous  to  the  life  or  health  of  such  has  been  certified 
to  by  two  physicians,  as  aforesaid. 

Sec.  770.  Any  resident  of  the  City  of  Atlanta  over  fifteen  years  of 
age,  wdio  has  not  been  successfully  vaccinated,  and  who  shall  refuse 
or  fail,  after  twenty-four  hours'  notice,  to  be  so  vaccinated,  may  be  sum- 
moned to  appear,  or  be  arrested  and  taken  l)efore  the  Recorder's 
Court,  and  may,  on  conviction,  be  fined  in  a  sum  not  exceeding  five 
hundred  dollars,  or  be  imprisoned  not  exceeding  thirty  days,  either  or 
both,  in  the  discretion  of  the  court,  for  each  day  such  person  so  refuses 
or  fails.  And  any  parent,  guardian  or  any  other  person,  having  con- 
trol of  a  child  under  fifteen  years  of  age,  who  has  not  been  success- 
fully vaccinated,  and  who  shall  fail  to  have  such  child  so  vaccinated 
after  twenty-four  hours'  notice,  shall  be  subject  to  the  penalties  above 
provided,  upon  conviction  in  the  Recorder's  Court. 

Sec.  771.  Any  practicing  physician,  or  other  person,  who  sliall 
know  of  the  existence  of  a  case  of  small-pox  or  varioloid  in  the  City  of 
Atlanta,  and  who  shall  fail  within  six  hours  to  report  the  same  to  the 
Board  of  Health,  or  a  health  otficer  of  the  city,  shall  be  arrested  by  an 
officer  or  member  of  the  police  force  and  taken  before  the  Recorder's 
Court,  and  such  persons  shall,  on  conviction,  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars,  or  bo  imprisoned  not  exceeding  thirty 
days,  either  or  hotli.  in  the  disorelioii  of  the  court,  t'oi-  eacli  otTense. 

Sec.  772.  The  Board  of  Healtli  of  tlie  City  of  Atlanta  shall  have 
full  power  and  authority  to  send  to  a  hospital  or  (|uarantine  estab- 
lislied  or  designated   for  the  pur])ose  any  j)erson  within   tlie  City  of 


Failure  to  be 
vaccinated. 


Failure  to  have 
children  vacci- 
nated. 


Penalty   for 
failing  to  re- 
port small-pox, 
etc. 


Part  III. — Ordinances.  221 

• ■ — 

Atlanta  who  may  bo  sick   with    siiiall-pox,   cpidcinic    cliolcra,    yellow  ,^„t,,o,.iyi„ 
fever,  typhus  fever,  scarlet  fever  or  diphtheria,  when  in  the  j^iflgment  ^f^Jj'jj^^lJ'^^Jjg 
of  said  Board  of  Health  such  isolation  is  necessarv  for  tlio  jirotection^j^gjji'f'Jf'''^  °* 
of  the  public.     Said  Board  of  Health  shall  also  have  authority  to  sub-  ^j,^,   ^^^  ^ggg 
jeet  all  jjersons  who  may  have  been  e-\[)ose(l  to  contagion  or  infection 
of  any  of  the  aforesaid  diseases  to  such  quarantine  restraints  and  reg- 
ulations as  may  be  deemed  necessary    and    be    promulgated  by  said 
Board  of  Health. 

Sec.  773.     The  Board  of  Health  is  authorized  to  order  a  fumigation 
of  the  premises  where  a  case  of  scarlet  fever,    yellow    fever,    typhus  fnmipation  au- 
fever,  cholera,  small-pox  or   diphtheria   has   occurred,  and  may  place  premises  where 
thereon  a  flag  or  other  design  of  warning  during  the  prevalence  of  fsts.''^'°"  ^^ 
said  diseases,  and  any  person  hindering  or  obstructing  the  execution  of  Oct.  5,  i894. 
the  order  of  said  board,  or  who  shall  remove  such  flag  or  design  with- 
out authority,  shall  be  punished,  upon  conviction  in  the  Recorder's 
Court,  by  fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not 
exceeding  thirty  days.     No  removal  of  a  scarlet   fever,   yellow   fever, 
typhus  fever,  cholera,  small-pox  or  diphtheria  patient  shall  be  mademovaiof. 
from  the  residence  where  the   disease   occurred,   or  flag  or  notice  put 
upon  the  premises,  except  where  there  is  a  lack  of  care  and  absence  of 
isolation,  which  render  removal,  or  flag  or  notice  necessary. 

Sec.  773(a).     No  family  shall  move  away  from  any  dwelling  place 
while  a  warning  card  is  displayed  thereon,  without  permission  from       .^    ^^ 
the  Board  of  Health,  and  any  person  violating  the  provisions  of  this  ^"^y'^JI'^^^j^j;^ 
ordinance  shall,  upon  conviction  in  the  Recorder's  Court,  be  fined  not  '^'"^^  *^^''^  ^^ 
more  than  one  hundred  dollars  and  costs,  or  be  imprisoned  not  exceed- 
ing thirty  days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  774.  Any  person  who  shall  hinder  or.  obstruct  any  members  of 
the  Board  of  Health,  or  any  members  of  the  police  or  sanitary  force  n^'^be^  int"r- 
or  other  person  acting  under  the  authority,  or  by  direction  of  said  ^'"'''^  ^^^^^' 
Board  of  Plealth,  from  removing  to  a  hospital  or  quarantine  any  per- 
son whom  they  desire  to  remove,  or  are  so  removing,  or  who  shall  in 
any  way  hinder  or  obstruct  the  proper  officials  in  enforcing  any  of  the 
provisions  of  this  section  or  of  any  of  the  foregoing  sections  of  this 
ordinance,  shall  be  arrested  and  taken  before  the  Recorder's  Court, 
and  shall,  upon  conviction,  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty  days, 
either  or  both,  in  the  discretion  of  the  court.  The  Board  of  Health 
shall  make  suitable  rules  and  regulations  for  carrying  the  foregoing 
sections  into  effect. 

Sec.  775.     The  Board  of  Health  of  the  City  of  Atlanta  shall  have 
authority  to  establish  a  quarantine  against  any  place,  person  or  rail-  Health  may 
way  train  being  dangerously  infected  by    epidemic,    cholera,    yellow  against  any 
fever  or  small-pox,  whenever,  in  the  judgment  of  the  Board  of  Health,  etc. 
a  quarantine  becomes  necessary  for  the  protection  of  the  city.  Sept.  lo,  isss. 


222 


Part  III. — Ordinances. 


Conductors, 
etc.,  violating. 


Sec.  776.  It  shall  be  the  duty  of  the  Board  of  Health  to  make 
necessary  regulations  to  insure  the  faithful  enforcement  of  this  ordi- 
nance. 

Sec.  777.  Any  railroad  conductor  or  engineer,  or  other  person 
who  shall  bring  into  this  city  any  excursion  train  in  violation  of  the 
regulations  of  the  Board  of  Health,  after  having  received  notice  to 
that  effect,  shall  be  subject  to  fine  not  exceeding  one  hundred  dollars, 
or  imprisonment  not  exceeding  thirty  days,  upon  conviction  in  the 
Eecorder's  Court. 

Sec.  778.  Any  person  who  shall  violate  any  of  the  rules  and  regu- 
lations made  by  the  Board  of  Health  in  pursuance  of  this  ordinance, 
shall,  on  conviction  in  the  Eecorder's  Court,  be  fined  not  more  than 
five  hundred  dollars,  or  be  imprisoned  for  not  more  than  thirty  days, 
either  or  both,  in  the  discretion  of  the  court. 

Sec.  779.  From  and  after  the  passage  of  this  ordinance,  when  any 
child  in  the  City  of  Atlanta,  eligible  to  admission  at  the  public  schools 
of  said  city,  shall  have  a  contagious  or  epidemic  disease,  or  when  a 
contagious  or  epidemic  disease  exists  in  a  family,  or  household,  in  said 
city,  in  which  a  child  of  school  age  shall  reside,  it  shall  be  the  duty 
of  the  attending  physician  in  either  of  the  above  recited  cases  of  sick- 
ness from  contagious  or  epidemic  diseases  to  report  to  the  parent  or 
guardian  and  to  the  Superintendent  of  Public  Schools,  the  existence 
and  nature  of  such  contagious  or  epidemic  disease ;  and  any  attending 
physician  who  shall  fail,  refuse  or  neglect  to  report  as  aforesaid,  shall, 
on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  or  imprisoned  not  exceeding  thirty  days,  either  or  both,  in  the 
discretion  of  the  court.  That  any  parent  or  guardian  who  shall,  in 
said  city,  knowingly  permit  a  child  to  attend  the  public  schools  of  said 
city  when  said  child  has  a  contagious  or  epidemic  disease,  or  when 
either  of  said  diseases  exists  in  a  family  or  household  in  which  a  child 
of  school  age  resides,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars,  or  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  court.  That  authority  is 
hereby  conferred  upon  the  Board  of  Education  of  said  city  to  prescribe 
when,  and  under  what  evidence,  a  child  may  be  refused  admission  to 
or,  if  already  admitted,  discontinued  from  attendance  upon  the  public 
schools  of  said  city,  and  when  and  upon  what  evidence  readmitted  to 
said  public  schools,  by  reason  of  such  child  having,  or  having  had,  a 
contagious  or  epidemic  disease,  or  when  either  of  said  diseases  have 
existed,  or  shall  exist,  in  a  family  or  household  in  which  such  child  of 
school  age  resides. 

Sec.  780.  Any  person  circulating  a  false  report  that  .there  is  in  this 
city,  or  at  any  place  in  this  city,  any  contagious  or  infectious  disease, 
shall,  on  conviction  in  the  Eecorder's  Court,  be  fined  not  more  than 
one  hunrlred  dollars,  or  imprisonment  not  more  than  thirty  days. 


Physician  to 
report. 


Board  of  Edu- 
cation,   au- 
thority  given. 


Readmitted 
to    schools. 


To  prevent  the 
circulation   of 
false  reports  of 
contagious    dis- 
eases. 

Approved  Sept. 
22,   1897. 


Part  III. — Ordinances.  223 


Sec.  781.     Any  owner  or  person  in  possession  of  any  horse  or  mule 


three  hours  after  the  knowledore  of  the  fact  that  said  horse  or  mule^^'Lfe"'  '"  ''''-'■ 


glanders  not  to 
be  kep 
limits. 

has  glanders,  or  three  hours  after  notice  to  remove  said  horse  or  mule  jj^^   ^g^  ;^888. 
beyond  the  limits  of  said  city,  shall,  on  conviction  in  the  Recorder's 
Court,  be  sentenced  to  pay  a  fine  not  exceeding  one  nundred  dollars,  or 
to  hibor  on  the  public  works  not  exceeding  thirty  days. 

Sec.  782.     Xo  person  shall  lead,  ride  or  drive  on  the  public  streets  norses.  etc., 
any  horse  or  other  animal  that  has  the  glanders,  or  other  infectious  or  etc.!  prohib" 
contagious  disease,  under  penalty  not  to  exceed  fifty  dollars,  upon  con- '  "^ 
viction  in  the  Recorder's  Court. 

Sec.  783.     Any  person  carrying  through  the  streets  of  said  city  any 
horse,  mule,  cow,  sheep  or  hog  sick  with  a  contagious  or  infectious  dis-  carryins  dis- 

.  CO,  T  eased  animals 

€ase,  without  the  permission  of  a  Sanitary  Inspector,  shall,  on  con-  through  the 

.  .  .  streets. 

yiction,  be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not 

'  ®  '  ^  ,     Dec.   19,  1887. 

exceeding  thirty  days,  or  both,  in  the    discretion    of    the    Recorder's 
Court. 

Sec.  784.     From  and  after  the  passage  of  this  ordinance,  it  shall  be  g^njiarv  in- 
the  duty  of  the  Sanitary  Inspectors  to  condemn  and  require  to  be  sent  soectors,  duty, 
out  of  the  city  by  the  owner  or  party  in  possession  thereof,  under  direc- 
tion of  such  Inspectors,  as  garbage,  all  decayed  or  stale  melons,  fruits  j£erehants  and 
and  vegetables,  and  all  unsound,  tainted,  offensive,  or  unwholesome  °tiiers. 
meats,  fish,  poviltry,  game,  or  other  articles  of  food  kept  or  stored  in 
any  box  or  refrigerator,  held  or  offered  for  sale  at  any   of   the   fruit  i^ie^ts,  fish, 
stands,  stores  or  markets  in  said  city,  or  offered  for  sale  from  any  car  '^o"^*''^''  ^*'^- 
on  any  of  the  railroad  tracks  in   said   city.      Any   merchant,   trader,  "^""^  *'  ^®^^' 
dealer  or  other  person  who  shall  refuse  to  allow  the  Inspectors  aforesaid 
opportunity  to  inspect  their   stock   of   melons,   fruits,  vegetables  and' penalty, 
meats,  fish,  poultry,  game,  or  foOd-stuffs  of  any  kind,  or  who  shall,  Dec.  20,  1886. 
when  any  of  said  stock  is  condemned,  refuse  to  remove  it  from  the  city 
as  garbage,  shall,  on  conviction  in  the  Recorder's  Court,  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not  ex-  de^iyed'^'meat's^ 
ceeding  thirty  days.      That  any   merchant,    marketman,    fruit  stand 
keeper,  or  other  trader  or  dealer,  wdio  shall  sell,  or  offer  for  sale,    as 
food,  any  stale  or  decayed  lemons,  fruits  or  vegetables,  or  who  shall   ^"'^  ^' 
sell,  or  offer  for  sale,  as  food,  any  spoiled  or  decayed  meats,  or  fish,  or 
other  article  of  food,  shall  be  punished,  on  conviction  in  the  Recorder's 
Court,  by  a  fine  not  exceeding  one  hundred  dollars,  or  imprisonment 
not  exceeding  thirty  days,  in  the  discretion  of  the  court. 

Sec.  785.     Xo  animals  or  fish  that  died  by  disease  or  accident,  no 
carcass  of  anv  calf,  pig  or  lamb,  which,  at  the  time  of  being  killed,  was  Diseased  and 

•'  '  ir  ID  ^7  o  -  unwholesome 

less  than  six  weeks  old,  and  no  meat  therefrom,  nor  any  animal,  nor  ">?^t  not  to  be 

'  '  J  '  sold,   kept  or 

meat  therefrom,  killed  while  feverish,  bruised,  disabled,  injured  with  ^fj^''^'^  ^°'" 
broken  limbs,  or  otherwise ;  heavy  with  young,  jaded  or  fatigued  from  j^j^  3  ^gg- 
long  driving  or  shipping;  or  killed  or  kept  in  same  building,  or  in  so 


224  Part  III. — Ordinances. 


close  proximity  with  fumes  or  gas  of  diseased  or  other  spoilt  meats,  or 
dead  carcasses,  as-  to  be  contaminated  therefrom  or  rendered  unwhole- 
some or  unhealthy  thereby,  or  hauled  in  same  vehicle,  or  manipulated 
with  tools  used  on  diseased  or  other  dead  .carcasses  as  aforesaid,  or 
dressed  or  kept  in  any  bulling  wherein  animals,  or  parts  of  animals, 
dead  from  injury  or  disease  are  stored,  kept  or  rendered,  or  wherein 
decomposed,  putrid  or  offensive  meats  of  any  kind  are  kept,  or  within 

Feb.  21  is^r.  0^6  hundred  feet  of  any  building  wherein  animals  dead  as  aforesaid 
or  other  unsound  meats  are  stored,  kept  or  rendered,  or  dressed,  or 
kept  in  an}'  house  or  upon  the  premises  which  are  not  clean  and  main- 
tained in  a  pure  and  wholesome  condition  by  necessary  disinfection, 
flushing,  washing,  scalding  and  lime  washing,  and  the  removal  there- 
from of  all  accumulations  of  filth  and  of  all  decomposing  and  offen- 
sive matter,  shall  be  brought  into  said  city,  or  in  said  city  sold,  held  or 
offered  for  sale  as  food.     Any  person  violating  this  section  of    tliis 

Penalty.  ordinance  shall,  on  conviction  thereof  in  the  Recorder's   C*ourt,    be 

fined  not  exceeding  one  hundred  dollars,  or  imprisonment  not  longer 
than  thirty  davs,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  787.     Xo  merchant  or  dealer,  or  their  agent  or  employe,  shall, 

oieomargaiine,  in  this  citv,  Sell  any  oleomargarine,  butterine,  or  any  other  imitation 

sold  without     of  butter,  without  representing  to  the  purchaser,  clearly  and  distinctly, 

representation         i      ,    i  i        •  m- 

of  its  nature.  What  he  or  slie  IS  selling. 

Sec.  788.  No  merchant  or  dealer  shall  keep  in  their  store,  for  sale, 
any  oleomargarine,  butterine,  or  other  imitation  of  butter,  unless  the 

Oleomargarine,  o  ^ 

etc.,  to  be       sauic  lias  Stamped  on  the  body  of  the  package,  in  letters  one  and  one- 
such,  half  inches  high,  and  the  same  width,  the  name  of  such  imitation.     A 
stamp  on  the  lid  shall  be  insuflicient. 

Sec.  789.     Auy  person  violating  the  provisions  of  either  of  the  fore- 

Penaitv  S^^^S  scctions  shall  be  summoned  tcf  appear,  or  may  be  arrested  and 

May  7  18S3      takcu  bcforc  the  Recorder's  Court,  and  shall,  on  conviction,  be  fined 

in  a  sum  not  exceeding  one  hundred  dollars,  and  not  less  than  twenty 

dollars,  or  be  imprisoned  not  exceeding  thirty  days,  either  or  l)oth,  in 

the  discretion  of  the  court. 

Meat  wagons.         Sec.  790.     All  wagous  and  other  vehicles,  hauling   freshly    butch- 

oct.  11,  189.5.  ered  meats,  shall  be  so  covered  as  to  conceal  such  meats  from  view. 

Sec.  791.  Any  person,  firm  or  corporation  convicted  before  the  Re- 
corder's Court  of  a  violation  of  Section  790,  shall  be  punished  by  fine 
not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding 
thirty  days,  either  or  both  of  said  punisliments,  in  the  discretion  of 
the  court. 

Sec.  792.  From  and  after  the  passage  of  this  ordinance,  no  person 
Water  closets  owuiug  iuiprovcd  property  or  being  the  legal  representative  or  agent 
to  be  connect-  thereof,  shall  have,  on  his   or  her  premises,   within  the  fire  limits  of 

ed   with  sew-  .  •  i        •  •  i  ■      i  •  i  •       •  x  i 

ers  and  water,   said  city,  or  clsewherc  m  said  city  oTitsKlc  o\   the  fire  limits,  where 
Oct.  3,  18S7.      water  and  sewerage  are  accessible,  any  fop  privy  wherein  Iniinan  excre- 


Part  III. — Ordinaxces.  225 


inent  is  deposited,  unless  the  same  be  connected  with    a    sewer    and 

proper  water  facilities  for  carrying  otf  the  same,  without  obtaining  ^"^-  ^'  ^^^^• 

the  written  consent  to  do  so  of  the  Board  of  Health  of  said  city,  which 

consent  shall  only  be  given  when,  in  the  opinion  of  said  board,    it 

would  be  unreasonable  and  inconvenient  to  demand  of  siich  owner  that 

the  connection  be  made. 

Sec.  793.     When  neither  the  owner,  legal  representative  or  agent 
of  said  property  are  domiciled  in  said  city,  the   tenant   in   possession  bie.°  ""^^p""®'' 
shall  be  subject  to  all  the  pains  and  penalties  hereinafter  provided  for 
violations  of  this  ordinance. 

Sec.  794.  It  shall  be  the  duty  of  the  Sanitary  Inspectors  of  said 
city  to  serve  a  copy  of  this  ordinance  on  all  parties  offending  the  pro-  nance  to  be 
visions  thereof,  which  said  copy  shall  be  served  forty  days  previous  to 
trial  for  a  violation  of  this  ordinance,  said  copy  to  be  served  person- 
ally, or  by  leaving  it  at  most  notorious  place  of  abode,  or  by  leaving 
it  at  premises  in  question. 

Sec.  795.     Any  person  violating  the  provisions  of  this  ordinance, 
shall,  upon  conviction  before  the  Eecorder's  Court  of  said  city,  be  fined  Penalty, 
in  a  sum  not  exceeding  one  hundred  dollars,  or    be    imprisoned   not 
longer  than  thirty  days,  either  or  both,  in  the  discretion  of  the  court, 
for  each  day's  violation  hereof. 

Sec.  796.     Nothing  herein  contained  shall  be  construed    to    mean 
that  the  City  of  Atlanta  is  liable  for  the  expenses  of  construction  of  fo*r*^;  "p^ense"^^" 
water  closets,  or  of  sewer  connections,  or  of  furnishing  water  facili- 
ties made  necessary  by  this  ordinance. 

Sec.  797.     That  all  water  closets  now,  or  hereafter,  having  sewer 
connections,  shall  also  have  proper  water  connection  with    the    city  hating  sew^r^ 
waterworks,,  or  from  private  windmills  or  waterworks,  where  there  is  musT*iiave 
an  ample  flow  of  water,  and  all  said  water  closets  shall  be  so  flushed  uon" 
with  water,  of  sufficient  flow  and  strength,  as  will  prevent  the  accumu-  Feb.  27,  is87. 
lation  of  offensive  matter,  and  will  safely  and  promptly  carry  off  the 
same  into  the  sewers. 

Sec.  798.  Any  person  using,  controlling  or  owning  water  closets 
not  thus  provided  as  above,  shall,  on  conviction  thereof,  before  the 
Recorder's  Court,  pay  a  fine  of  not  exceeding  one  hundred  dollars,  or 
be  imprisoned  not  exceeding  thirty  days,  either  or  both,  in  the  discre- 
tion of  the  court. 

Sec.  799.     The  Board  of  Health  of  said  city  shall  have  full  power 
and  authority  to  require  the  owner  of  any  improved  real  estate  within  Hg^ifh'niav  re- 
said  city,  to  provide  suitable  privy  or  water  closet  accommodations  ^y^^^^  ^oset^s^ 
upon  such  improved  premises,    whenever    in  the   judgment   of   said°^^™j.P''o^'e'^ 
board  such  improvements  are  necessary  to  preserve  the  health  or  to 
protect  the  sanitary  interests  of  citizens  of  any  neighborhood  within 
said  city. 

Sec.  800.     After  fortv  davs'  notice  served  upon  the  owner  or  agent 

{15} 


226 


Part  III. — Ordinances. 


in  charge  of  any  such  property,  hy  one  of  the  Sanitary  Inspectors,  to 
dos^ets^  ^^■^*^'"  make  and  provide  such  accommodations  aforesaid,  and  a  failure  to 
have  same  made  and  provided,  such  owner  or  agent  or  person  in  charge 
of  such  property  shall  be  subject  each  day  such  accommodations  afore- 
said are  not  made  and  provided,  to  pay  a  fine  not  exceeding  one  hun- 
dred dollars  and  costs,  or  to  imprisonment  not  exceeding  thirty  days, 
either  or  both,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  801.     It  shall  be  unlawful  for  any  person,  firm  or  corporation 
Regulating  the  in  erecting  or  constructing  privies  or  water  closets,  to  place  them  in 


Penalty   for 
failure. 


Sept.   17,  1S90. 


prfv?eTand"wa-  or  ovcr  any  part  of  the  surface  of  any  street  or  alley,  or  on,  over  or 
ter  c  osets.       extending  into  any  part  of  any  area  owned  Jointly  by  abutting  prop- 
erty owners,  and  left  between  buildings  for  the  purpose  of  light  and 
ventilation. 

Sec.  802.  It  shall  be  the  duty  of  the  owner,  agent  or  person  in 
charge  of  any  real  estate  within  the  limits  of  the  City  of  Atlanta,  hav- 
ing privies  or  water  closets  which  extend  on  or  over  any  part  of  the 
surface  of  any  street  or  alley,  or  any  area  owned  jointly  by  abutting 
property  owners  and  left  between  buildings  for  the  purpose  of  light 
and  ventilation,  to  remove  such  privy  or  water  closet  from  such  loca- 
tion so  as  to  no  longer  extend  or  be  maintained  at  any  place  prohib- 
ited by  this  ordinance. 

Sec.  803.  Any  person,  firm  or  corporation  convicted  of  a  violation 
of  this  ordinance,  in  the  Eecorder's  Court  of  the  City  of  Atlanta,  shall 
be  punished  for  such  violation  by  a  fine  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  and  each  week 
that  any  such  privy  or  water  closet  shall  be  maintained  in  violation  of 
this  ordinance  shall  constitute  a  fresh  offense  and  shall  be  punishable 
by  like  fine  or  imprisonment  as  hereinbefore  specified. 

Sec.  804.  Whereas,  The  charter  of  the  City  of  Atlanta  was  so 
amended  by  an  Act  approved  on  the  ninth  day  of  December,  1893,  and 
particularly  by  the  third  section  of  said  Act,  as  to  include  within  the 
corporate  limits  of  said  City  of  Atlanta,  for  police  and  sanitary  pur- 
poses, the  sanitary  dumping  grounds,  to-wit:  Ninety-two  (92)  acres, 
more  or  less,  of  land  belonging  to  the  City  of  Atlanta,  in  land  lots 
113,  114,  115  and  143,  in  the  fourteenth  district  of  originally  Henry, 
now  Fulton  county,  and  also  the  land  lying  between  the  City  of  At- 
lanta and  said  dumping  grounds,  and  the  roads  or  streets  leading  from 
the  City  of  Atlanta  to  said  dumping  grounds,  and  especially  the  roads 
known  as  Bellwood  avenue,  the  extension  of  Simpson  street,  the  exten- 
sion of  West  Hunter  street,  the  extension  of  Ashby  street,  and  Mason 
and  Turner's  ferry  road,  and  also  any  other  roads  now  existing  or ' 
which  may  be  opened  leading  from  the  City  of  Atlanta  to  said  dump- 
ing grounds,  so  as  to  give  the  Mayor  and  General  Council  jurisdi-^lion 
over  said  grounds  and  the  intervening  lands  and  roads,  for  police  and 
sanitary  purposes,  and  to  authorize  said  Mayor  and  General  Couiu-i! 


Dumping 
grounds. 


July  5, 


Part  III. — Ordinances.  227 


to  iiuiki'  and  enforce  all  ordinances  necessary  for  the  preservation  of 
tlie  peace  and  order,  and  for  the  protection  of  the  property  and  the 
implements  of  the  City  of  Atlanta  from  molestation,  disturbance  or 
iiijiii-y,  in  the  conduct  of  the  sanitary  work  of  said  city,  or  in  or  about 
said  roads  and  grounds. 

Sec.  805.     Any  employe  of  the  Board  of  Health  in  charge  of  the 
night  soil  wagons,  garbage  carts  or  trash    wagons    of    the    City    of 


rofane  lan- 
guage,   etc., 

Atlanta,  or  charged  with  the  duty  of  supervising  the  conduct  of  such  puni'sTied?^*^^ 
drivers  and  wagons,  who  shall  be  guilty  of  using  profane  language,  or 
quarreling,  or  fighting,  or  of  any  other  act  of  disorder  or  indecency 
not  indictable  under  the  laws  of  Georgia,  on  the  dumping  grounds 
described  in  the  preamble  to  this  ordinance,  or  on  any  of  the  roads 
named  in  the  preamble,  or  on  any  of  the  lands  between  the  City  of 
Atlanta  and  said  dumping  grounds,  to  the  annoyance  of  people  living 
about  said  grounds  or  near  said  roads,  or  persons  traveling  along 
said  roads,  shall  be  arrested  and  brought  before  the  Eecorder's 
Court  of  the  City  of  Atlanta,  and,  on  conviction  of  a  violation  of  this 
ordinance,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  imprisonment  not  exceeding  thirty  days,  in  each  case,  either 
or  both  of  such  punishments,  in  the  discretion  of  the  court. 

Sec.  806.     Any  person,  other  than  an  employe  of  the  Board    of  ^  ^   . 

•J     i-  '  1       J  •  Interference   by 

Health,  who  shall,  without  the  permission  of  the  superintendent    in  ^'^g^^j'^'^''^  p"""^ 
charge  of  said  dumping  grounds,  or  of  the  superintendent  in  charge  of 
the  wagons,  carts,  etc.,  passing  along  said  roads,  interfere  with    the 
sanitary  work  of  said  Board  of  Health  by  molesting,  injuring,  or  med- 
dling with  any  of  the  property  in  charge  of  said  Board  of  Health  or 
its  employes,  such  as  the  crematory  or  any  of  the  machinery,   or  the 
wagons  or  carts  used  in  connection  with,  or  the  roadways  to  said  crema- 
tory, or  the  night  soil  pits,  or  the  dump  heap,  or  the  wagons  or  carts 
used  in  connection  with  such  pits  or  heap,  or  the  live  stock  employed  by 
said  Board  of  Health  in  connection  with  such  sanitary  work,  or  the  em- 
ployes of  said  Board  of  Health,  or  shall  be  found   loitering   on    said 
premises,  shall  be  arrested  and  brought  before  the  Recorder's  Court  of 
I  the  City  of  Atlanta,  and,  on  conviction  of  a  violation  of  this  ordinance, 
j  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  im- 
i   prisoned  not  to  exceed  thirty  days,  for  each  offense,  either  or  both  of 
j  these  punishments,  in  the  discretion  of  the  court;  provided,  it  shall 
j  be  the  duty  of  the  superintendent  in  charge  of  such  dumping  grounds, 
j  or  the  superintendent  in  charge  of  the  wagons  carrying  night  soil  or 
I  garbage,  at  all  times  to  furnish  ready  and  convenient  opportunity  to 
sober  persons  living  in  the  neighborhood  of  the  dumping  grounds,  or 
the  roads  aforesaid,  to  make  reasonable  examination  of  said  grounds, 
pits,  dump  heap,  crematory,  wagons  and  carts,  upon  application    to 
such  superintendent  or  person  in  charge  of  the  wagon,  for  opportunity 
to  make  sucli  examination. 


228  Part  III.— Ordinaxces. 


Sec.  807.     Any  person  or  persons  who,  in  said  dumping  grounds  or 
lands  intervening  between  them  and  the  eit}^  or  along  said  roads  lead- 

juiy  5,  1894.  jj^g  fpQjj^  j-^q  ^^^y  j-q  ^^^^  dumping  grounds,  shall  interfere  with  the 
employes  of  the  Board  of  Health,  or  the  property  in  their  charge,  by 
cursing,  threatening,  or  in  any  way  maltreating  any  of  said  employes, 
or  by  meddling  with  any  of  the  property  in  their  charge,  to  the  injury 
of  said  property,  or  the  obstruction  of  the  sanitary  work  of  said  Board 
of  Health,  and  without  the  permission  of  the  superintendent  of  the 
dumping  grounds,  or  of  the  person  in  charge  of  the  transportation  to 
said  dumping  grounds,  shall  be  arrested  and  brought  before  the  Re- 
corder's Court  of  the  City  of  Atlanta,  and,  on  conviction  of  a  viola- 
tion of  this  ordinance,  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars,  or  imprisoned  not  exceeding  thirty  days,  for  each  offense, 
either  or  both,  in  the  discretion  of  the  court. 

Sec.  809.     The  Board  of  Health  of  the   City  of   Atlanta  is  hereby 

Removal  of  authorized  to  contract  for  the  removal  of  all  dead  carcasses  of  animals, 
sucli  as  horses,  mules  and  cattle,  from  within  the  corporate  limits  of 
the  City  of  Atlanta,  and  to  authorize  said  contractor  to  charge  for  and 
collect  from  the  owners  of  such  dead  carcasses  not  more  than  one  dollar 
per  head,  and  such  contract  to  run  not  exceeding  three  years,  on  the 
following  conditions  : 

Sec.  810.     The  City  of  Atlanta  is  to  be  in  no  event  liable  for  the 

City  not  liable  ^ 

for  expense,      expcusc  of  rcmoviug  any  such  carcass  or  carcasses  by  said  contractor. 

Sec.  811.     Said  contractor  to  give  bond,  with  good  security,  to  be 
judged  of  by  the  Mavor  and  chairman  of  the  Board  of  Health,  in  the 

Contractor   to      ''        '^  ''  •  ' 

give  bond.  sum  of  fivc  hundred  dollars,  conditioned  for  the  faithful  perform- 
ance of  said  contract,  and  to  hold  the  City  of  Atlanta  harmless  on 
account  of  suits  for  damage  on  account  of  the  removal  or  disposition  of 
such  carcasses.  Additional  security  to  be  given  whenever  required  by 
the  City  of  Atlanta. 

Sec.  812.     The  right  of  the  owner  to  remove  the  carcass  of  any  ani- 

owner's  rights  ^^^^'  which  carcass  is  of  value  to  such  owner,  must  be  recognized  by 

respecting.  g^^^.|^   COUtractor. 

Sec.  813.     Such  carcasses  to  be  removed,  whether  by  tlie  owner  or 
Carcasses  to  be  the  coutractor,  to  such  land  or  place  outside  the  city  limits  as  shall  hv 
sX°c'ity°i'im-  designated  from  time  to  time  by  the  Board  of  Health,  or  the  Sanitary 
Inspectors  acting  for  said  board. 

Sec.  814.  It  shall  be  the  duty  of  any  person  owning  any  sucli  ani- 
mals, as  is  described  in  Section  809,  or  any  person  on  whose  premises 
notice  within  any  such  animals  should  die  or  be  found  dead,  to  notify  the  Sanitary 
ter  discovery  Inspcctor  of  the  district  wherein  such  dead  animals  may  be  found,  or 
the  Chief  Sanitary  Inspector's  office,  of  the  location  of  such  dead  ani- 
mals in  order  to  its  removal  by  such  contractor,  within  three  hours 
after  its  death,  or  the  discoverv  thereof,  unless  such  owner  within  tluit 


Part  III. — Ordinances.  229 


time  remove  or  cause,  or  procure  the  removal  of  such  carcass  to  the 
])hice  designated  by  the  Board  or  Inspectors,  as  herein  provided  for. 

Sec.  815.  It  shall  be  the  duty  of  the  contractors  aforesaid  after 
entering  such  contract  as  is  herein  authorized,  to  provide  neat  and  appUa^ces!"'^ 
proper  vehicles  and  appliances  for  the  removal  of  such  carcasses  with- 
out offense  to  persons  living  or  passing  along  the  routes  or  ways  trav- 
eled in  the  removal  of  such  carcasses.  And  the  Board  of  Health  shall 
liave  power  at  all  times  to  regulate  the  removal  of  such  carcasses. 

Sec.  816.     The  Board  of  Health  is  authorized  to  make  such  further 
contract  with  said  contractors  for  the  delivery  to  them  at  the    city  ""*     ammas. 
dumping  grounds  of  the  carcasses  of  small  animals    like  sheep,  dogs, 
etc.,  as  to  such  board  may  seem  advisable,  and  to  change  said  contract 
from  time  to  time,  in  the  discretion  of  said  board. 

Sec.  817.  It  shall  be  unlawful  for  any  person  to  sell  or  offer  for 
sale,  within  the  limits  of  the  City  of  Atlanta,  any  impure,  adulterated, 
sophisticated  or  unwholesome  milk,  or  to  sell  or  offer  for  sale  as  pure 
milk  any  milk  to  which  water  or  any  other  substance  has  been  added, 
which  in  effect  injures  its  quality  or  lessens  its  value ;  or  to  sell  or  offer 
for  sale  the  milk  of  any  cow  that  may  be  sick,  diseased  or  suffering  from 
any  bodily  condition  or  disorder  liable  to  render  her  milk  unfit  or  un- 
safe to  be  used  as  food ;  or  the  milk  obtained  from  a  cow  kept  in  a  filthy 
or  unventilated  stable  or  building,  or  in  an  offensively  filthy  lot,  pen  or 
shed,  or  that  may  be  fed  upon  food  or  allowed  to  drink  any  liquid  that 
may  affect  the  milk  so  that  consumers  shall  be  exposed  to  the  risk  of 
sickness  or  disease  therefrom. 

Sec.  818.     Xo  milk  or  cream  shall  be  sold,  kept,  offered  or  exposed 
for  sale,  stored,  transported,  exchanged,  carried,  delivered  or  in  any  o°*jusf  ^l7^ 
manner  disposed  of,  drawn  from  cows  within  fifteen  days  before  and  waiving, 
ten  days  after  parturition,  nor  shall  the  same  be  mixed  with  any  other 
milk  or  cream  for  such  purposes. 

Sec.  819.  It  shall  be  the  duty  of  the  Inspector  directed  or  instruct- 
ed herein  to  visit,  view  and  inspect  all  places  and  vehicles  from  which  ^p"ector.°'  ^"' 
milk,  cream  or  butter  may  be  sold,  offered  for  sale,  stored,  kept,  ex- 
changed, delivered  or  disposed  of,  as  well  as  to  inspect,  view  and  ex- 
amine all  vessels,  cans,  receptacles,  packages,  refrigerators  or  compart- 
ments of  stores,  places  or  buildings,  erections  or  establishments  of  any 
kind  containing  milk  or  cream,  and  ascertain  or  examine  the  condition 
thereof  with  reference  to  cleanliness  and  sanitation,  and  he  is  author- 
ized, directed  and  empowered  to  cause  the  removal  and  abatement  of 
any  unfit,  unclean  or  injurious  conditions  attending  the  keeping,  stor- 
ing, care,  custody  or  control  of  milk,  cream  or  butter  at  and  in  all 
places. 

Sec.  820.  It  shall  be  the  duty  of  said  Inspector  to  see  that  all  ven- 
ders of  milk  who  sell  or  offer  for  sale  skimmed  milk  have  attaclied  to  miik.™'' 


230  Part  III. — Ordixaxces. 


the  can  or  vessel  containing  such  milk,  the  words  "Skimmed  Milk"  in 
plain,  distinct  letters,  not  smaller  than  1x2  inches. 

Sec.  821.  Xo  milk  or  cream  shall  be  sold,  offered  for  sale,  ex- 
g;  on  wagon  changcd,  delivered,  transported,  conveyed  or  carried  on  any  wagon  or 
other  vehicle  unless  there  shall  be  painted  thereon,  on  both  sides  there- 
of, in  a  conspicuous  j^lace,  and  in  legible  letters  not  less  than  four 
inches  in  height,  the  name  and  location  of  the  dairy  or  place  from 
whence  the  milk  was  obtained. 

Sec.  822.  The  Inspector  shall  have  the  right  to  enter  and  have 
Rights  of  In-  full  access,  egress  and  ingress  to  all  places  where  milk  or  cream  is 
^^^'^  °''  stored  or  kept  for  sale,  to  all  wagons  or  other  vehicles,  railroad  cars,  or 

conveyances  of  any  kind  used  for  the  conveyance,  transportation  or 
delivery  of  milk;  and  to  take  samples  of  milk  and  cream  therefrom, 
not  exceeding  one  quart,  for  the  purpose  of  inspecting,  testing  or 
analyzing  the  same;  provided,  lioivever,  that  if  upon  analysis  it  is 
proved  that  the  condemned  milk  is  unadulterated,  the  city  shall  be  lia- 
ble for  the  value  of  the  article  destroyed. 

Sec.  823.     All  samples  of  milk  and  cream  taken  or  Vn'ought  to  the 
office  of  the  Board  of  Health  bv  the  officers  thereof,  or  by  anv  other 

Samples  ana-  *'  '  ^  ^ 

lyzed.  person,  shall,  by  the  Board  of  Health  or  by  the  Chief  Inspector,  be  an- 

alyzed or  otherwise  satisfactorily  tested,  and  wherever  and  whenever 
said  milk  or  cream  so  tested  or  analyzed  shall  be  found  violative  of  the 
provisions  of  this  ordinance,  the  necessary  steps  shall  be  taken  for  a 
prosecution  of  the  offender  thereof.  The  analysis  or  test  herein  re- 
quired may  be  made  with  such  instruments,  apparatus,  chemicals,  or 
other  articles,  and  to  such  extent  as  may  by  the  Board  of  Health  be 
deemed  necessary. 

Sec.  824.     Xo  milk  shall  be  kept,  sold  or  offered  for  sale,  stored, 

Not  more  than  cxchangcd,  couveycd,  carried  or  delivered  in  care,  custody,  control  or 

fluids''  noT\ess  posscssiou  of  any  one,  if  it  contain  more  than  eighty-eight  percentum 

cent.  ^Liill      of  water  fluids,  or  less  than  twelve  percentum  of  total  solids,  of  which 

total  solids  three  percentum  shall  be  butter  fats. 

Sec.  825.  No  person  shall  sell,  deliver  or  offer  for  sale  within  tlie 
city  limits,  or  bring  or  send  into  the  city  for  sale  any  milk  without  a 
Pennits  neces-  ^^^^^-^  ^^  ^^  ^^  ^^^^^^  ^^^^  Department  of  Health.  Such  permit  shall 
be  furnished  gratuitously  to  applicants  on  condition  that  all  laws,  ordi- 
nances and  regulations  concerning  dairies,  milk,  milk  dealers  and  dairy 
products  be  strictly  complied  with;  and  such  ])erniit  shall  be  T('voeaI)le 
by  the  Board  of  Health  for  violation  of  any  of  the  above  conditiom. 

Sec.  82G.     Any  person  who  shall  violate  any  portion  of  the  fore- 
ffoinff  ordinance  shall,  after  conviction  in  the  l?ecorder's  Court,  be  fined. 

Penalty  o        o  ^ 

not  less  than  ten  dollars  nor  more  llian  one  luiiulred  dollars,  or  impris- 
oned not  more  than  tliirty  days,  or  Ijotli  or  v\[\\v\\  in  the  discretion  of 
the  court. 

Sec.  827.     Any  occupant  of  any  improved  h)l,  or  owner  or  agent  of 


Part  III. — Ordinances. 


231 


owners  of  any  vacant  lot,  who  shall  fail  or  refuse  to  cut  the  weeds  on  ^."^drcu?  in 
said  improved  or  vacant  lot  for  forty-eight  hours  after  notice  to  cut  ^■'''•'»"*  '"'"• 
the  same  by  a  Sanitary  Inspector,  upon  order  of  Board  of  Health  ^p^'sd?.^  ^"^*' 
after  investigation  of  each  case,  shall,  on  conviction  in  the  Recorder's 
Court,  be  fined  not  more  than  one  hundred  dollars,  or  imprisoned  not 
more  than  thirtv  davs. 


CHAPTER  XYIII. 


SANITARY    TAX. 


Section. 

828.  Assessment. 

829.  Lot— what   constitutes. 


Section. 

830  How  collected. 


Section  828.     An  assessment  of  three  dollars  shall  be  levied  each  ^ggggg^jg^j. 
year  upon  each  improved  lot  and  the  owner  thereof  within  the  city^^^^   20,  1882. 
limits  for  sanitarv  purposes. 

Sec.  829.     Each  lot  having  a  residence  thereon,  or  a  storehouse,  or  ^^^  for-what 
each  separate  tenement  where  there  are  more  than  one,  or  each  twenty-  constitutes, 
five  feet  of  any  hotel,  manufactory,  depot  or  machine  shop,  shall  con- 
stitute a  lot  for  said  purpose. 

Sec.  830.  The  Sanitary  Inspectors  shall,  by  the  first  day  of  Feb-  sanitary  taxes, 
ruary  of  each  year,  furnish  to  the  Tax  Assessors  a  full  list  of  lots  and 
lot  owners  throughout  the  city  liable  for  sanitary  taxes,  which  shall  be 
entered  by  the  Tax  Assessors  upon  the  tax  digest,  and  the  Tax  Col- 
lector shall  collect  such  sanitary  taxes  at  the  same  time  and  in  the 
same  manner  that  other  property  taxes  are  collected. 


» 


CHAPTER  XIX. 

marriages,  births  and  deaths. 


Section. 

831.  Report   of   marriages. 

832.  Report   of   births. 

833.  Physicians    must    register. 

834.  Penalty. 

835.  Blanks  furnished. 

836.  Record   of   deaths. 


Section. 

837.  Certificate  of  death. 

838.  Burial  permit. 

839.  Certificates  in  case  of  bodies  from   with- 
out city. 

840.  Sexton's  duty. 

841.  Penalty. 


Section  831.     It  shall  Ije  the  dutv  of  everv  clergvman,  magistrate.  „      ,    , 

f^'  '  ^  -  Report   of 

or  other  person  who  shall  perform  any  marriage  ceremony  within  the  "ages. 
City  of  Atlanta,  to  report  each  marriage  ceremony  solemnized  by  him 
to  the  Board  of  Health  office  within  forty-eight  hours  thereafter,  giv- 
ing the  full  name,  age,  color,  occupation,  birthplace  (State  and 
county),  and  legal  residence  of  each  person  married,  and  the  date  of 
such  marriase. 


Part  III. — Ordixances. 


Registry  of 
physicians. 


Penalty. 


Sec.  833.  Any  physician,  accoucheur,  midwife,  or  other  person  in 
charge,  who  shall  attend,  assist,  or  advise  at  the  birth  of  any  child 
within  the  City  of  Atlanta,  shall  report  to  the  Board  of  Health  office 
within  six  days  thereafter,  stating  distinctly  the  date  of  birth,  sex  and 
color  of  child  or  children  born,  its  or  their  physical  condition,  whether 
still-born  or  not,  the  full  name,  nativity  and  residence  of  the  parents, 
and  the  maiden  name  of  the  mother  of  such  child  or  children. 

Sec.  833.  It  shall  be  the  duty  of  every  physician,  accoucheur,  and 
midwife  practicing  medicine  or  doing  business  within  the  City  of 
Atlanta,  to  register  his  or  her  name  in  a  book  to  be  provided  for  such 
purpose  at  the  office  of  the  Board  of  Health  of  said  city,  giving  full 
name,  residence  and  place  of  business;  and  in  case  of  removal  from 
one  place  to  another  in  said  city,  to  make  change  in  said  register 
accordingly. 

Sec.  834.  Any  person  who  shall  violate  or  aid  and  abet  in  violating 
any  of  the  provisions  of  the  foregoing  ordinances,  shall,  upon  convic- 
tion in  the  Eecorder's  Court,  be  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  one  hundred  dollars,  or  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  835.  It  shall  be  the  duty  of  the  Board  of  Health  to  keep  on 
hand  at  all  times  a  supply  of  blanks  for  gratuitous  distribution  to  all 
persons  whose  duty  it  shall  be  to  make  returns  under  the  foregoing 
ordinances. 

Sec.  836.  The  Board  of  Health  shall  cause  to  be  kept,  at  some 
convenient  place,  a  book  for  the  registration  of  all  marriages,  births 
and  deaths,  as  hereafter  provided,  occurring  in  the  City  of  Atlanta. 

Sec.  837.  In  all  cases  of  death,  occurring  in  the  City  of  Atlanta, 
the  attending  physician  shall  give  a  certificate,  according  to  a  blank 
form  prescribed  and  furnished  by  the  Board  of  Health,  stating  name, 
age,  sex,  color,  nativity,  occupation,  condition  (married,  single  or 
widowed),  residence  and  date,  and  cause  of  death  of  such  deceased 
person  to  the  family,  or  person  in  charge  of  the  dead  body,  and,  in 
case  of  sudden  death,  or  any  death  where  there  is  no  attending  pliysi- 
cian,  the  City  Physician  in  the  ward  where  the  death  occurs,  when 
requested,  shall,  after  satisfactory  investigation,  or  any  other  physi- 
cian who  has  investigated  the  facts,  may,  when  applied  to,  give  such 
certificate;  and  the  Coroner,  or  other  officer  acting  in  his  place,  may 
likewise  give  such  certificate,  in  cases  coming  under  his  notice.  If 
any  person  authorized  to  issue  such  certificate  cannot  state  the  cause 
of  death,  he  must  certify  that  it  is  unknown. 

Sec.  838.  When  such  certificate  is  presented  to  the  Board  of 
Health,  or  to  tlie  person  designated  by  them,  a  permit  shall  be  issued 
for  the  burial  or  removal  of  such  deceased  person,  and  the  certificate 
shall  be  filed  and  tlie  facts  thci'ein  set  forth  shall  he  dulv  recorded, 


Approved    Mar. 
17,  1896. 


try  of 
deaths  to  be 
kept. 


Certificate  of 
death — by 
whom  given. 


Jan.    20,    1S90. 


Permit   for 
burial   or  re- 
moval  issued 
on    certificate. 


Part  III. — Ordinances.  233 


and  the  fact  of  the  issue  of  such  a  permit  shall  be  reported  to    the 
Comptroller,  stating  whether  child  or  adult. 

Sec.  839.  If  the  body  of  any  person  who  has  died- without  the  lim- 
its of  the  City  of  Atlanta  shall"  be  brought  into  this  city  for  burial,  a  and"JermU3 
certificate  in  due  form  shall  be  presented,  and  a  permit  shall  be  issued,  non-wsident. 
as  provided  in  cases  of  persons  who  die  within  the  city,  but  the  record 
shall  show  that  such  person  is  a  non-resident,  and  the  death  shall  not 
be  charged  to  the  mortality  of  the  city,  unless  said  deceased  person 
shall  be  a  resident  of  this  city,  death  having  occurred  during  a  tem- 
porary absence  only  from  home. 

Sec.  840.  No  sexton  or  superintendent,  or  person  in  charge  of  any 
cemetery  under  the  jurisdiction  of  the  City  of  Atlanta,  shall  bury  or  removal  to  be 
remove  from  said  city  the  body  of  any  deceased  person  without  first  TpemH! 
obtaining  such  burial  permit,  and  no  undertaker  or  agent  of  any  rail- 
road, or  conductor  of  any  railroad  train,  or  agent  or  employe  of  any 
express  company,  or  any  other  person,  shall  remove  the  body  of  any 
deceased  person  who  died  in  said  city,  or  may  have  been  brought  into 
caid  city  for  burial  beyond  the  limits  thereof,  without  a  permit  from 
the  Board  of  Health,  or  from  a  person  designated  by  them. 

Sec.  841.  Any  person  whose  duty  it  is  to  report  a  birth  or  death 
and  the  cause  of  a  death,  under  the  foregoing  sections,  and  who  shall 
fail  to  do  so,  or  who  shall  violate  any  other  provision  of  the  preceding 
sections,  may  be  summoned  to  appear  or  be  arrested  and  taken  before 
the  Becorder's  Court,  and  may,  on  conviction,  be  fined  in  a  sum  not  less 
than  ten  nor  more  than  one  hundred  dollars,  or  be  imprisoned  not  ex- 
ceeding thirty  days,  either  or  both,  in  the  discretion  of  the  court. 


234 


Part  III. — Ordinances. 


CHAPTER  XX. 


DRAINAGE,   INCLUDING  SANITARY   PLUMBING. 


Section. 

842.  Lots  and   cellars. 

843.  Nuisances   on   lots. 

844.  Filth    from   privies. 

845.  Obstructing    water. 

846.  Plumbing — regulation    of. 

847.  Material. 

848.  Direct   arrangement. 

849.  Expose   pipes   to   view. 

850.  Water   closets   ventilated. 

851.  Separate    connection. 

852.  Pipes  and, cement. 

853.  Sewer    connections— how    made. 

854.  Cast   iron  house  drains. 

855.  Lay  in   straight  lines. 

856.  Traps. 

857.  Inlets    for    fresh    air. 

858.  Brick,    etc.,    not   used. 

859.  Iron    waste   pipes. 

860.  Vent  pipes  extend  above   roof. 

861.  Size  of   lead   pipes. 

862.  No  traps — on  what  pipes. 

863.  Joints   must   be   gas   tight. 

864.  How   lead  and   iron   pipes   connected. 

865.  Wiped    joints. 

866.  Traps   for   closets,    etc. 

867.  Traps   near   fixtures. 

868.  Strainers. 


Section. 

869.  Bath    tubs   and    water    closets    separately 
trapped. 

870.  Traps   protected   from   syphonage. 

871.  Vents   regulated. 

872.  Traps  not   used   as  waste  pipes. 

873.  Overflow   pipes. 

874.  Safes  have  special   pipes. 

875.  Refrigerators — how   drained. 

876.  Closets — how   supplied   with   water. 

877.  Outdoor  closets,  how  flushed. 

878.  Rainwater   leaders. 

879.  Indoor  leaders. 

880.  Steam   exhausts. 

881.  Tenement    houses. 

882.  Notice   to   Board   of   Health. 

883.  Penalty. 

884.  Inflammable    substances    not    to    bo    used 
by   gas   fitters. 

885.  Penalty. 

886.  Plumbers'   reports. 

887-888.  Plumbers  must  be  licensed. 

889.  Board   of   Examiners   for  plumbers. 

890.  Oath   of   examiners. 

891.  Organization   of  Board. 

892.  Extent    of    examinations. 

893.  Penaltv    for   work    without    license. 


Lots  and   eel 
lars  to  be 
drained. 


Nuisances   from 


Section  842.  All  lots  and  cellars  within  the  city  limits  shall,  by 
their  owners  and  occupants,  be  kept  in  such  condition  as  not  to  allow 
an}'  water  to  stagnate,  or  otherwise  become  oflEensive  or  unhealthy,  or 
any  other  nuisance  to  exist  thereon;  and,  upon  conviction  of  a  viola- 
tion of  this  ordinance,  such  owners  or  occupants,  upon  conviction  in 
the  Recorders  Court,  may  be  fined  not  exceeding  ten  dollars,  or  impris- 
oned not  exceeding  ten  days,  for  each  day  such  nuisance  exists  after 
the  notice  hereinafter  provided  for  has  been  served. 

Sec.  843.  The  Marshal  or  Deputy  Marshal,  or  any  policeman  or 
Sanitary  Inspector^  shall  give  said  owners  or  occupants  written  notice 
of  the  existence  of  said  nuisances,  and  after  three  days  from  the  tiine 
stagnant  water  ^f  ^.^^^  notlcc,  the  Marshal  shall  proceed  to  abate  the  nuisance  l)y 
draining  said  lots  and  cellars,  or  otherwise,  as  may  be  necessary;  and 
the  Clerk  of  Council  shall  issue  execution  for  the  costs  of  sucli  abatt'- 
ment  against  said  owners  or  occupants,  and  the  lot  on  whicli  sucli 
nuisance  may  exist. 

Sec.'  844.  Tt  shall  be  unlawful  for  any  person  to  convey,  discharge 
or  deposit  tlie  filth  of  his  or  her  privy,  or  allow  the  same  to  be  done, 
upon  the  streets  of  the  city,  or  the  property  of  another  person  ;  l)iit  it 
may  be  discharged  by  any  private  sewer  into  any  public  sewer  dis- 
charging into  running  water.  Any  person  violating  this  ordinance 
shall  be  arrested  and,  upon  conviction,  fined  by  the  Recorder's  Court 
in  a  sum  not  exceeding  ten  dollars  and  costs  for  cvcrv  dav,  or  twenty 


Filth    from 
privies. 


Part  III. — Ordinaxces.  235 


days'  work  upon  the  chaingang,  if  such  nuisance  so  committed  con- 
tinues ;  and  the  nuisance,  if  not  abated  by  the  offender,  shall  be  abated 
by  the  ^Marshal  at  the  offender's  expense. 

8ec.  8-t5.  Any  person  who  shall,  by  the  erection  of  a  dam,  or 
obstruction  of  any  kind,  prevent  the  natural  flow  of  water,  and  cause  ^-aten 
the  same  to  be  dammed  up  or  collected  in  pools  upon  any  lot  in  this 
city,  or  any  street  or  alley,  or  shall  cause  to  be  done  any  work  the  effect 
of  which  will  be  to  cause  any  such  damming  up  or  collection  in  a  pool 
or  pools,  shall  be  arrested  and  brought  before  the  Eecorder's  Court, 
and,  upon  conviction,  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred dollars  and  costs,  or  be  imprisoned  not  to  exceed  thirty  days,  or 
either,  or  both,  in  the  discretion  of  the  Recorder's  Court,  for  each  day 
such  obstruction  shall  remain,  or  such  work  shall  be  carried  on :  pro- 
vided, that  the  above  shall  not  prevent  owners,  or  others,  from  filling- 
up  lots  as  they  may  desire,  if  sufficient  drainage  or  surfaceage  is  pro- 
vided through  or  across  the  same  for  such  natural  flow:  and,  provided. 
that  the  above  shall  not  prevent  the  changing  of  the  grade  of  any  street 
as  may  Ije  for  the  public  interest. 

Sec.  S4G.     All  plumbing  and  house  drainage,  in  both  public    and 


private  buildings  within  the  Citv  of  Atlanta,  shall  be  done  accordino;  plumbing"  and 

■  ""'  house  drainage. 

to  the  rules  and  specifications  herein  contained,  and  it  shall  be  the 

,  ^  '  Oct.    1,   1888. 

duty  of  the  Board  of   Health  to  provide  regulation?  to  insure  the 
enforcement  of  this  ordinance. 

Sec.  847.     All  materials  shall  be  of  good  quality  and  free  from  i^[atpriai  and 
defects :  the  work  shall  be  executed  in  a  thorough  and  workmanlike  ^^'°'''^- 
manner. 

Sec.  848.     The  arrangement  of  soil  and  waste-pipes  shall   be  as  soii  and  waste 
direct  as  possible.  ^  fl^^l  ^"'^ 

Sec.  849.  The  drain,  soil  and  waste-pipes  and  the  traps  shall,  if 
practicable,  be  exposed  to  view  for  ready  inspection  at  all  times,  and 
for  convenience  in  repairing.  When  necessarily  placed  within  parti- 
tions or  in  recesses  of  walls,  soil  and  waste-pipes  shall  be  covered  with 
woodwork,  so  fastened  with  screws  as  to  be  readily  removed.  In  no 
case  shall  they  be  absolutely  inaccessible. 

Sec.  850.     All  interior  water  closet  compartments  shall  be  venti- 

.  '  A'entilation    of 

iated  by  windows  into  the  open  air,  or  into  air  shafts  of  not  less  than^^ater  closets, 
three  square  feet  in  area. 

Sec.  851.     Where  there  is  a  sewer  in  the  street,  everv  house  or  build-  ^ 

'  ■  Separate    sewer 

mg  shall  be  separately  and  independently  connected  with  it,  unless  the  a^fbuudin  ^*"^ 
Board  of  Health  shall  give  permission,   which   said   board   is   hereby  j^,^. 
authorized  to  do,  to  the  owner  of  two  or  more  contiguous  houses  to  con- 
nect them  all  with  the  sewer  in  the  street  through  a  single  opening. 
When  possible,  such  connection  shall  be  made  directly  in  front  of  the 
house. 

Sec.  852.     Where  the  soil  consists  of  a  natural  bed  of  loam,  sand  or 


236  Part  III. — Ordinances. 

dazed    i  es     ^^*^^'  ^^®  housG  sewer  may  be  of  hard,  salt-glazed  and  cylindrical  earth- 
used,  enware  pipe,  laid  on  a  smooth  bottom,  free  from  all  projections    of 
rock,  and  with  the  soil  well  rammed  to  prevent  any  settling  of    the 
pipes.     Each  section  shall  be  wetted  before  applying  the  cement,  and 
the  space  between  each  hub  and  the  small  end  of  the  next  section  shall 
be  completely  and  uniformly  filled  with  the  best  hydraulic  cement. 
Care  should  be  taken  to  prevent  any  cement  being  forced  into  the  drain 
to  become  an  obstruction.     No  tempered  up  cement  shall  be  used.     A 
straight  edge  shall  be  used  inside  the  pipe,  and  the  different  sections 
shall  be  laid  in  perfect  line  on  the  bottom  and  sides;  provided  always^ 
that  only  cast  iron  pipe  shall  be  used  from  the  lower  end  of  the  main 
vertical  soil-pipe  to  a  point  beyond  the  house,  foundation  or  area  line. 
Sec.  853.     Where  there  is  no  sewer  in  the  street,  and  it  is  neccessary 
Private  sew-     to  coustruct  a  private  sewer  to   connect  with  a   sewer  in  an  adjacent 
ers,  how  laid.   g^j.ggj-  qj.  avcuuc,  it  shall  be  laid  outside  of  the  curb,  under  the  roadway 
of  the  street  on  which  the  houses  front,  and  not,  when  otherwise  prac- 
ticable, through  the  yards  or  under  the  houses. 

Sec.  854.  The  house  drain  shall  be  of  cast  iron,  with  a  fall  of  at 
Cast  iron  housj  Icast  oue-quartcr  inch  to  the  foot,  and  when  water  closets  discharge 
'^"''''^'  into  it,  the  house  drain  shall  be  at  least  four  inches  in  diameter. 

Sec.  855.     It  shall  be  laid  in  a  straight  line  if  possible.     All  changes 
straight  lines,  iu  direction  shall  be  made  with  curved  pipes,  and  all  connections  with 
Y-branch  pipes  and  one-sixteenth  or  one-eighth  bends  if  possible.     Un- 
der no  circumstances  shall  more  than  one-sixth  bends  be  used. 

Sec.  856.     A  running  or  half-S  trap  shall  be  placed  on  the  house 

drain  at  an  accessible  point  near  the  house.     This  trap  shall  be  fur- 
Traps  on  house  ^  •        i         •  ji  j;      i  •    i 

drains.  nishcd  with  a  handhold  for  convenience  m  cleaning,  the  cover  ot  whieli 

shall  be  properly  fitted  and  made  gas  and  air-tight  with  some  suital)le 
cement  properly  applied. 

Sec.  857.  There  shall  be  an  inlet  for  fresh  air  to  enter  the  drain 
Fresh  air  inlets  J^^^t  iusidc  of  the  trap  described  in  the  foregoing  section,  of  at  least 
four  inches  in  diameter,  leading  to  the  outer  air  and  opening  at  some 
suitable  place  not  less  than  ten  feet  from  the  nearest  window.  No 
cold-air  box  for  a  furnace  shall  be  so  placed  that  it  can  possil)ly  draw 
air  from  this  inlet  pipe. 

Sec.  858.     No  brick,  sheet  metal,  earthenware  or  chimney  flue  shall 
Ventilators.       bc  uscd  as  a  sewcr  ventilator,  or  to  ventilate  any  trap,  drain,  soil  or 
waste-pipe. 

Sec.  859.  Every  vertical  soil  and  main  waste-pipe  sliall  be  of  iron. 
Iron  waste  and  it  shall  extend  at  least  two  feet  through  the  roof,  and  liavi'  a  diain- 
^'^'^^'  eter  above  the  roof  not  less  than  that  of  the  pipe  proper,  and  in  no 

case  shall  it  be  less  than  four  inclies  in  diameter  above  the  roof. 

Sec.  860.  Soil,  waste  and  vent-pipes  in  an  extension  shall  be  ex- 
Jo°of*^°  ^^°^^      tended  above  the  cornice  or  roof  of  tlic  main  l)uil(ling  when  olIuTwise 


Part  III. — Ordixances.  237 


thev  Avoukl  o})eii  within  twenty  feet  of  the  windows  of  the  main  house 
or  of  the  adjoining  house. 

8i:c.  8(il.     When  lead  pipe  is  used  to  connect  fixtures  with  vertical  size  of  pipe. 
soil  or  waste-pipes,  or  to  connect  traps  with  vertical  vt'nt-i)ipes.  it  .-hall 
not  be  lighter  than  D-pipe. 

Sec.  862.     There  shall  be  no  traps  on  main  vertical  soil  or  waste-  No  traps  on 

soil   or   waste 
pipes.  pipe. 

Sec.  8G3.     All  joints  in  iron  drain-pipes,  soil-pipes  and  waste-pipes  oas-tight 
shall  be  so  filled  with  oakum  and  lead  and  hand-calked  as  to  make  them  ^'''"*^- 
gas-tight. 

Sec.  SG4.     All  connections  of  lead  with  iron  pipes  shall  be  made  Lead  and  iron 
with  a  brass  sleeve  or  ferrule  of  the  same  size  as  the  lead  pipe,  put  in  connect'^er 
the  hub  of  the  branch  of  the  iron  pipe  and   calked   with   lead.     The 
lead  pipe  shall  be  attached  to  the  ferrule  by  a  wiped  or  overcast  joint. 

Sec.  865.     All  connections  of  lead,  waste  and  vent-pipes  shall    be  wiped  joints, 
made  by  means  of  wiped  joints. 

Sec.  SiUi.     Every  water  closet,  urinal,  sink,  basin,  wash  tra_y,  bath, 
and  every  tub  or  set  of  tubs,  and  hydrant  waste-pipe,  and  every  areaets,  etc. 
and  courtyard  drain  connected  with  a  sewer,  shall  be  separately   and 
effectively  trapped. 

Sec.  867.     Traps  shall  be  placed  as  near  the  fixtures  as  practicable,  ^^^  ^  ^^^^ 
and  in  no  case  shall  a  trap  be  more  than  two  feet  from  the  fixture.         fixtures. 

Sec.  8(38.     All  waste-pipes  from  fixtures,  other  than  water  closets,  g^j.^i„p^g 
shall  be  provided  at  the  inlet  of  such  fixtures    with    strong   metallic 
strainers  to  exclude  from  such  waste-pipes    all    substances    likely    to 
obstruot  them. 

Sec.  869.     In  no  case  shall  the  waste  from  a  bathtub  or  other  fixture  Bathtubs  sepa- 
be  connected  with  a  water  closet  trap.  trapped. 

Sec.  870.     Traps  shall  be  protected  from  syphonage,  and  the  waste- 
pipe  leading  from  them  shall  be  ventilated  by  a  special  air-pipe,  in  no  Traps  proteet- 
case  less  than  two  inches  in  diameter  for  water  closet  traps,  and  one  syphonage. 
inch  and  a  half  for  other  traps,  except  when  special  anti-syphon  fix- 
tures or  devices,  which  render  the  trap-vent  unnecessary,  are    used; 
which  fixtures  and  devices  shall  first  be  approved  in  each  case  l^y  the  ia™d!  '^^^'' 
Board  of  Health.     In  all  cases  vertical  vent-pipes  shall  be  of  cast  or 
wrought  iron. 

Sec.  871.     Yent-pipes  shall  extend  at  least  two   feet   through   the  „     . 

p  ,  Continuous 

root,  or  the  single  or  combined  pipes  may  be  connected  above  the  high-  ^'ope. 
est  fixture  with  the  main  vertical  vent-pipe.  They  may  be  combined 
by  branching  together  those  which  serve  several  traps,  but  the  area  of 
the  combined  pipes  shall  not  be  decreased.  These  air-pipes  shall 
always  have  a  continuous  slope  to  avoid  collecting  water  by  condensa- 
tion. 

Sec.  872.     Xo  trap  vent-pipe  shall  be  used  as  a  soil  or  waste-pipe.      y^^^.    j  ^^ 


238 


Part  III. — Ordixaxces. 


Sec.  873.  Overflow  pipes  from  the  fixtures  shall  in  each  case  be 
Overflow  pipes,  connected  on  the  inlet  side  of  the  trap. 

Sec.  874.     Every  safe  under  a  wash  basin,  bath,  urinal,  water  closet 

fcf/wi'sh^bashis  or  other  fixture  shall  be  drained  by  a  special  pipe  not  directly  eon- 

^*^"  nected  with  any  soil-pipe,  waste-pipe,  drain  or  sewer,  but  discharging 

into  an  open  sink  upon  the  cellar  floor  or  upon  the  ground  outside  the 

house.     The  outlets  of  such  pipes  should  be  covered  by  flap-valves. 

Sec.  875.  The  drain-pipe  from  refrigerators  and  the  drain-pipe 
from  the  supply-pipe  shall  not  be  directly  connected  with  the  soil  or 
waste-pipe,  or  with  the  drain  or  sewer;  it  should  discharge  into  an 
open  and  water  supplied  sink,  or  it  may  discharge  upon  the  ground  in 
such  manner  as  will  not  create  a  nuisance. 

Sec.  876.  All  water  closets  within  the  house  shall  be  supplied  with 
water  from  special  tanks  or  cisterns,  the  water  of  which  is  not  used 
how  furnished  for  any  othcr  purpose.  The  closets,  except  closets  placed  in  the  yard, 
shall  not  be  supplied  directly  from  the  supply  pipes.  A  group  of 
closets  may  be  supplied  from  one  tank,  but  water  closets  on  different 
floors  shall  not  be  flushed  from  one  tank.  Xo  direct  connecting  closets 
will  be  allowed  within  the  house. 

Sec.  877.  Water  closets,  when  placed  in  the  yard,  shall  be  so 
arranged  as  to  be  conveniently  and  adecjuately  flushed,  and  their  water 
supply  pipes  and  traps  shall  be  protected  from  freezing.  The  com- 
partments for  such  water  closets  shall  l)e  ventilated  by  means  of  slatted 
openings. 

Sec.  878.  Eainwater  leaders  shall  not  be  used  as  soil,  waste  or  vent- 
pipes,  nor  shall  any  soil,  waste  or  vent-pipe  be  used  as  a  leader. 

Sec.  879.  When  within  the  house,  the  leader  shall  be  of  cast  iron 
with  leaded  joints,  or  of  copper  with  soldered  joints.     When  con- 


Refrigerators, 

etc.,    how 
drained. 


Water    closets. 


Outdoor    clos- 


Rainwater 
leaders. 


Cast   iron 
leaders. 


Steam    ex- 
hausts. 


nected  with  the  house  drain,  it  shall  be  trapped  beneath  the  ground,  or 
just  inside  of  the  wall,  the  trap  'being  arranged  in  either  case  so  as  to 
prevent  freezing.  In  every  case  where  a  leader  opens  near  a  window 
or  light  shaft,  it  shall  be  properly  trapped  at  its  base. 

Sec.  880.  'No  steam  exhaust  or  blow-off  pipe  from  a  steam  boiler 
shall  connect  with  any  soil  or  waste-pipe,  or  directly  with  the  house- 
drain  or  sewer.  They  should  discharge  into  a  tank  or  condenser,  the 
waste  from  which,  if  to  be  discharged  into  the  sewer  through  the  house- 
drain,  shall  be  connected  on  the  sewer  side  of  the  house  or  running 
trap. 

Sec.  881.  The  general  water  closet  accommodations  of  tenement 
or  lodging  houses,  or  of  office  buildings,  or  of  any  building  in  which 
said  accommodations  are  permitted  to  be  used  by  the  public,  shall  not 
be  placed  in  the  basement  or  cellar,  but  they  shall  be  so  located  and 
constructed  that  no  offence  or  nuisance  may  be  caused. 

Sec.  882.  Notice  in  writing  shall  be  given  to  the  Board  of  Healtli, 
by  the  contractor,  builder  or  plumljcr,  in  all  eases  of  new  work,  or  the 


Part  III. — Ordinances.  239 


remodeling  of  old  work,  or  in  any  and  all  cases  in  which  repairs  involve  j^^^j^^  ^^ 
the  removal  of  fixtures,  or  changes  in  the  location  or  arrangement  of  h^^^hi,.''' 
fixtures,  when  the  work  is  sufficiently  advanced  for  inspection,  and  no 
part  of  tlT£  work  shall  be  covered  or  concealed  in  any  way  until  after  it 
lias  been  examined  by  an  Inspector  of  the  Board  of  Health.  And  the 
contractor,  builder  or  plumber  shall  test  the  work  to  the  satisfaction  of 
the  Inspector,  after  plugging  all  openings,  by  filling  the  soil-pipes 
and  vent-pipes  with  water  for  the  purpose  of  detecting  any  imperfect 
joints,  or  any  other  defect  in  the  material  or  workmanship,  which  may 
permit  the  escape  of  foul  air  into  or  under  the  house,  and  all  such 
defects  that  may  exist  shall  be  made  good,  as  provided  in  this  ordi- 
nance. Any  plumbing  work,  as  aforesaid,  or  any  house  sewer,  or  any 
house  drain  put  up  in  and  covered  without  due  notice  to  the  Board  of 
Health,  shall  be  uncovered  for  inspection  by  direction  of  the  Inspector. 
And  the  contractor,  builder  or  plumber  who  may  be  in  charge  of  the 
work,  and  who  may  be  responsible  therefor,  shall  be  subject  to  the 
penalties  prescribed  in  this  ordinance  for  any  violation  of  the  provis- 
ions of  this  section,  upon  conviction  of  such  violation  in  the  Kecorder's 
Court. 

Sec.  883.  Any  plumber,  or  other  person,  who  shall  violate  any  of 
the  provisions  of  this  ordinance,  or  any  person  who  shall  knowingly 
permit  any  violation  of  any  of  the  provisions  thereof  upon  premises 
owned  or  controlled  as  agent  or  otherwise  by  them,  shall,  after  con- 
viction in  the  Eecorder's  Court,  be  fined  not  more  than  one  hundred 
dollars,  or  imprisoned  for  not  more  than  thirty  days,  either  or  Ijoth, 
in  the  discretion  of  the  court. 

Sec.  884.     It  shall  hereafter  be  unlawful  for  any  pluml)er  or  gas 


fitter  in  putting  gas  fixtures  into  any  house  in  the  City  of  Atlanta,  to  J^rredar'^pro- 
usc  any  cement  composition  or  other  substance  which  is  inflammable,  '"^''ted- 
combustible  or  which  melts  or  softens  under  the  influence  of  heat. 

Sec.  885.     Any  person  convicted,  in  the  Eecorder's  Court,  of  violat- 
ing this  ordinance  shall  be  punished  by  a  fine  not  to  exceed  one  hun-  nee.  24,  isoi. 
dred  dollars,  or  imprisonment  not  exceeding  thirty  days  for  every  such 
violation. 

Sec.  886.     In  any  case  where  a  plumber  fails  to  make  a  return,  the 
approval  of  the  Plumbing  Inspector  shall  be  sufficient,  or  any  licensed,  rep^t.'^'^ 
competent  plumber  may  make  a  report  or  return,  whether  he  did  the  Jan.  2,  is!i2. 
whole  work  or  not. 

Sec.  887.     No  person,  firm  or  corporation  engaged  in,  or  working 
at  the  business  of  plumbing,  shall  engage  in  or  work  at  said  business  Examine 

.'~  plumbers. 

in  the  City  of  Atlanta,  either  as  master,  employing  or  journeyman         95   m  4 
plumber,  unless  such  person,  firm  or  corporation  first  receives  a  license 
therefor,  in  accordance  with  the  provisions  of  this  ordinance. 

Sec.  888.     Any  person  desiring  to  engage  in  or  work  at  the  business  Ever>' plumber 
of  plumbing,  either  as  master,  employing  or  journeyman  plumber,  in  examination. 


240 


Part  III. — Ordinances. 


Board    ' 
aminers, 


Plumbers 
pointed. 


the  City  of  Atlanta,  shall  be  required  to  submit  to  an  examination 
before  a  Board  of  Examiners,  as  hereinafter  provided,  as  to  his  experi- 
ence and  qualifications  in  such  trade,  business  or  calling.  In  the 
case  of  a  firm  or  corporation,  the  examination  and  licensitig  of  any 
one  member  of  the  firm,  or  the  manager  of  the  corporation,  shall  sat- 
isfy the  requirements  of  this  ordinance. 

Sec.  889.  There  shall  be  in  this  city  a  Board  of  Examiners.  Such 
board  shall  consist  of  five  members,  of  whom  one  shall  be  a  master  or 
employing  plumber,  of  not  less  than  ten  years'  experience  as  a  prac- 
tical plumber;  one  shall  be  a  journeyman  plumber  of  like  experience, 
and  the  other  members  shall  be  the  Chief  Sanitary  Inspector,  the  City 
Engineer  and  the  Secretary  of  the  Board  of  Health  of  this  city.  The 
term  of  office  for  the  master  or  employing  plumber  shall  be  two  years, 
and  for  the  journeyman,  one  year.  The  Board  of  Health  shall  appoint 
the  master  and  journeyman  plumbers,  and  their  successors.  Three 
members  of  the  board  shall  have  power  to  act. 

Sec.  890.  All  the  members  of  the  board  shall  subscribe  to  an  oath 
Oath  of  Board  bcfore  the  Mayor,  to  discharge  their  duties  impartially,  to  the  best  of 
mem  eib.  their  ability,  without  fear  or  favor. 

Sec.  891.  Said  Board  of  Examiners  shall,  as  soon  as  may  be  after 
their  appointment,  meet  and  organize  by  the  selection  of  a  chairman 
and  secretary,  and  shall  designate  the  time  and  place  for  the  examina- 
tion of  all  applicants  desiring  to  engage  in  or  work  at  the  business  of 
plumbing  in  this  city.  All  persons,  firms  or  corporations  must  be 
examined  witliin  sixty  days  after  the  passage  of  this  ordinance. 

Sec.  892.  Said  Board  of  Examiners  shall  examine  said  applicants 
as  to  their  practical  knowledge  of  plumbing,  house  drainage  and 
plumbing  ventilation,  and  if  satisfied  as  to  the  competency  of  the  appli- 
cants, shall  issue  a  certificate  to  that  effect.  Said  certificate  shall  be 
signed  by  the  Secretary,  who  shall  keep  a  record  of  them,  and  is 
valid  until  revoked  by  said  board.  There  shall  be  no  compensation  for 
the  services  performed  by  the  members  of  said  board,  other  than  that 
now  received  under  existing  laws  and  ordinances. 

Sec.  893.  Any  person  or  persons  violating  any  of  the  provisions  of 
this  ordinance,  shall  be  tried  before  the  Eecorder's  Court  of  said  city, 
and,  on  conviction,  shall  be  subject  to  a  fine  of  not  exceeding  fifty  dol- 
lars, or  thirty  days  on  the  public  works,  either  or  both,  at  the  discre- 
tion of  the  court,  for  each  and  every  violation,  and  his  certificate  may 
be  revoked  by  the  Board  of  Examiners. 


Organization 
of  Board. 


Penalty. 
Mar.   23, 


Part  III. — Ordinances.  241 


CHAPTER  XXI. 


GOVERNMENT   OF    GRADY   HOSPITAL. 


Section. 

894.  Preamble. 

895.  More    money    needed,    which    the    Board 
may  receive  and  expend. 

896.  May  make   rules. 

897.  Vacancies— how  filled. 

898.  Hospitals,    etc. 

899.  Preamble. 


.Section. 

900.  Grady   Hospital. 

901-902-903.  Government   of   Grady   Hospital. 

904.  Mayor— member    ex-officio. 

905.  W.    A.    Moore   bequest. 

906.  Hospital   accepted. 

907.  City  to  maintain. 

908.  Bequest  may   revert. 


Section  894.  Whereas,  Heretofore,  to-wit :  on  the  .sixth  day  of 
January,  1890,  the  Mayor  and  General  Council  of  the  City  of  Atlanta  Preamble, 
authorized  the  appointment  by  his  Honor  the  Mayor  of  said  city  of  a  ^^''^  ^^'  ^^''^• 
committee  composed  of  members  of  the  General  Council  and  from  citi- 
zens, and  who  were  entrusted  with  the  inauguration  of  the  Grady 
Hospital,  and  the  erection  of  the  hospital  building;  and,  whereas,  in 
conformity  to  said  action  of  the  ]\Iayor    and    General    Council,    his 
Honor  the  Mayor  appointed  the  following  named  gentlemen  on  said 
committee,  to-wit :  Joseph  Hirsch,  S.  M.  Inman,  J.  W.  English,  R.  J.  committee  to 
Lowry,  W.  A.  Hemphill,  M.  C.  Kiser,  W.  A.  Moore,  R.  B.  Bullock,  ^"'''^  "°^p'*"^- 
J.  L.  Brown,  H.  T.  Inman,  Dr.  A.  W.  Calhoun,  Hoke  Smith,  Albert 
Howell,  Dr.  Hunter  P.  Cooper  and  Jacob  Elsas;  and,  whereas,   said 
committee  have  had  the  supervision  and  direction  of  said  hospital 
enterprise  up  to  the  present  time,  the  lot  having  been  secured  and  the 
building  commenced;  and,  whereas,  for  the  completion  of  said  building 
the  raising  of  additional  funds  is  necessary  and  desirable ; 

Sec.  895.     Therefore,  he  it  ordained  hij  the   Mayor   and    General 
Council,  That  the  above  named  gentlemen  composing  said  committee  More  money 
be,  and  they  are  hereby  authorized  and  empowered  to  continue    the  "hl'^Board^may 
work  of  the  erection  of  said  building  and  the  equipment  of  the  same  expmd.  ''"'^ 
for  hospital  purposes,  with  and  to  the  extent  only  of  the  money  which 
they  may  receive  therefor,  but  without  any  liability  on  the  part  of  the 
city,  except  such  as  may  be  hereafter  expressly  provided  for,  and  the 
said  committee  shall  have  full  power  to  receive  in  behalf  of  the  city  and  t^o^^be^'ilabie^ 
the  promoters,  additional  subscriptions  of  money  and  donations  for  the  extint^'ex-'" 
erection  and  equipment  of  said  hospital,  and  may  receive  donations  cifrld!  ^^' 
and  subscriptions  on  such  terms  and  conditions  as  to  them  may  seem 
reasonable  and  just,  whether  such  subscriptions  be  from  individuals, 
companies,  railroads  or  other  corporations. 

Sec.  896.     Said  board,  or  a  majority  of  them,  are  hereby  empow- 
ered to  adopt  such  rules  and  regulations  with  reference  to  such  sub-  ^^V  "'-''^''^ 

"  rules,   etc. 

scnptions  and  donations  as  they  may  deem  proper ;  and  said  committee 
shall  have  the  entire  charge  of  all  matters  appertaining  to  the  comple- 
tion and  equipment  of  the  said  building,  under  tlie  limitation  herein- 
before stated,  imtil  the  same  is  completed  and  ready  for  opening  as  a 


16) 

^^\  \  E  rT^  ^ 

y 


U^E  Ra/^ 


242  Part  III. — Ordikaxces. 


hospital,  when  the  same  shall  be  turned  over  to  said  city  for  such  fur- 
ther organization  or  control  of  the  same  as  may  be  deemed  proper  by 
the  Mayor  and  General  Council. 

Sec.  897.  Should  any  vacancies  occur  on  said  committee  by  death, 
how^'fiifedr  resignation,  removal  from  the  city,  or  otherwise,  thi'  same  may  be 
filled  by  ajspointment  of  the  Mayor. 

Sec.  898.  It  shall  be  unlawful  for  any  person  or  persons  in  this 
Hospitals,  etc  city  to  crcct  or  maintain  any  hospital,  infirmary,  house  or  place  of 
Nov.  7,  1891.  refuge,  or  reformatory,  or  asylum,  or  other  place  where  persons  are 
received  for  reformation  or  treatment,  without  first  having  obtained 
the  consent  of  the  Mayor  and  General  Council  of  said  city  for  the  erec- 
tion and  maintenance  of  the  same ;  and  all  applications  to  the  Mayor 
and  General  Council  for  permission  to  erect,  maintain  or  carry  on  any 
place  for  any  such  purpose  must  plainly  and  distinctly  show  the  par- 
ticular locality  where  the  same  is  desired,  for  what  purpose  the  same 
is  desired  to  be  erected  or  maintained  and  what  class  of  persons  are  to 
be  admitted  to  the  same.  Any  person  or  persons  who  shall  violate  the 
provisions  of  this  ordinance  shall,  on  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars  and  imprisoned  not 
exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the  Recorder's 
Court,  for  each  and  every  such  offence  committed. 

Sec.  899.  Whereas,  The  Grady  Hospital,  when  completed,  will  be 
a  leading  factor  in  the  relief  system  of  Atlanta ;  and 

Whereas,  Large  private  contributions  toward  the  erection  of  said 
hospital  have  been  made,  on  the  condition  that  the  City  of  Atlanta 
agrees  to  accept  and  maintain  said  hospital ;  therefore  be  it 

Ordained  by  the  Mayor  and  General  Council  of  the  City  of  Atlanta: 

Sec.  900.  The  City  of  Atlanta  hereby  pledges  itself  to  all  con- 
tributors to  the  fund  for  the  purchase  of  grounds  and  the  erection  of 
buildings  for  the  Grady  Hospital,  that  when  said  buildings  are  com- 
pleted and  ready  for  use,  the  City  of  Atlanta  will  accept  and  maintain 
said  hospital. 

Sec.  901.  That  the  government  of  the  Grady  Hospital  shall  be 
Government  of  "^'^^tcd  in  a  Board  of  Trustees  to  be  elected  by  the  General  Council  of 
piM  "°^'  ^^^^  ^^^J-  "^^^^  ^^^^  Board  of  Trustees  shall  consist  of  nine  members, 
three  of  whom  shall  hold  ofifice  for  the  term  of  three  years  from  the 
date  of  their  election ;  three  for  the  term  of  six  years  from  the  date  of 
their  election;  and  three  for  the  term  of  nine  years  from  the  date  of 
their  election;  and  the  trustees  hereafter  elected  to  fill  vacancies 
resulting  from  the  expiration  of  their  terms  shall  hold  office  for  the 
term  of  nine  years;  all  vacancies  in  the  Board  of  Trustees,  whether 
resulting  from  death,  resignation  or  removal  from  office,  shall  be 
filled  by  the  Mayor  and  General  Council,  but  it  shall  be  the  privilege 
of  the  Board  of  Trustees  of  said  hospital  to  name  to  the  Council  per- 


Part  III. — Ordinances.  243 


sons  deemed  by  said  trustees  suitable  for  election  to  fill  such  vacan- 
cies. 

Sec.  903.  The  Board  of  Trustees  first  to  be  elected  under  this  ordi- 
nance shall  be  chosen  at  the  first  meeting  in  March,  1892,  and  subse- 
quent elections  shall  be  held  at  the  first  meeting  of  March  of  any  year 
in  which  vacancies  occur  by  expiration  of  terms,  but  elections  to  fill 
vacancies  occurring  otherwise  may  be  held  at  any  regular  meeting  of 
the  JMayor  and  General  Council. 

Sec.  903.  The  Board  of  Trustees,  when  elected  and  qualified,  shall  ^eh.  is,  i892. 
have  power  to  prescribe  rules  for  the  government  of  the  hospital  in 
question,  and  to  change  these  rules  from  time  to  time  as  experience 
may  suggest  the  necessity  for  change;  provided,  that  the  rules  origi- 
nally adopted  and  any  changes  made  therein  shall  be  subject  to  the 
approval,  modification  or  rejection  by  the  Mayor  and  General  Council 
of  said  city. 

Sec.  904.     The  ]\Iayor  shall  be  member  cx-officio  of  the  Board   of  Mar.  lo,  is92. 
Trustees  of  the  Grady  Hospital. 

Sec.  905.  Whereas,  By  the  will  of  William  A.  Moore,  late  of  Ful- 
ton county,  deceased,  a  bequest  was  made  by  him  as  follows :  "I  now 
give  to  the  said  Henry  Grady  Hospital  the  sum  of  seventy-five  hundred  * 
($7,500.00)  dollars,  to  be  paid  by  my  executors  upon  completion  of 
the  building  now  in  process  of  erection,  and  when  the  City  of  Atlanta 
shall,  by  ordinance  duly  made,  accept  said  hospital  building,  and 
bind  itself  to  keep  open  and  maintain  permanently  said  Henry  Grady 
Hospital.  If  this  hospital  building  shall  not  be  completed  within  one 
year  and  accepted  by  the  City  of  Atlanta,  and  provision  made  for  its 
support,  this  bequest  shall  be  void,  and  the  sum  herein  given  revert  to 
and  become  a  part  of  my  estate,  for  distribution  among  my  children, 
as  provided  for  in  my  will ;"  and 

Whereas^  Said  Grady  Hospital  has  been  completed  and  accepted  by 
said  city ;  therefore 

Be  it  ordained  hy  the  Mayor  and  General  Council  of  the  City  of  At- 
lanta, to-wit: 

Sec.  906.  That  the  Grady  Hospital,  which  has  been  completed,  be 
now  accepted. 

Sec.  907.  That  said  City  of  Atlanta  hereby  assumes  the  mainten- 
ance of  said  hospital  and  the  keeping  of  it  open,  and  will  from  time 
to  time  provide  appropriations  sufficient  to  permanently  maintain  and 
keep  open  said  hospital. 

Sec.  908.  That  in  the  event  the  City  of  Atlanta  shall  fail  to  per- 
manently maintain  and  keep  open  said  hospital,  on  the  occurring  of 
such  failure  the  bequest  of  seventy-five  hundred  ($7,500.00)  dollars, 
made  to  the  said  hospital  by  said  William  A.  Moore,  shall  fail,  and  the 
amount  of  such  bequest  shall  revert  to  and  become  part  of  said  Moore's 
estate,  for  distribution  as  by  said  will  provided. 


244 


Part  III. — Ordinances. 


CHAPTER  XXII. 


SEXTON. 


Section. 

909.  Election. 

910.  Depth   of   graves. 

911.  Record. 


Section. 

912.  Bond  and  compensation. 

913.  Fees  for  burials,  etc. 


Depth    of 
graves. 


No   fees,    but 
compensation. 


Charges 
burials. 


Fees   for   buri 
als. 


Jan.    22, 


Section  909.  The  qualified  voters  of  Atlanta  shall  elect  a  Sexton, 
whose  duty  it  shall  be  to  superintend  the  digging  of  all  graves,  and 
all  interments  that  shall  take  place  in  and  for  the  City  of  Atlanta,  in 
Oakland  Cemetery. 

Sec.  910.  No  graves  shall  be  dug  less  than  five  feet  deep,  nor  shall 
any  grave  be  dug,  or  corpse  interred,  except  under  the  superintendence 
and  direction  of  the  Sexton. 

Sec.  911.  The  Sexton  shall  keep  a  book  of  record  of  all  the  deaths 
and  burials  in  the  city,  giving  the  name,  age,  place  and  nativity,  dis- 
ease, and  the  place  from  whence  buried,  and  time  of  residence  in  the 
city. 

Sec.  912.  He  shall  give  bond  in  the  sum  of  three  hundred  dollars 
for  the  faithful  performance  of  his  duties,  and  shall  receive  no  fees,  but 
shall  receive  such  compensation  as  may  be  fixed  by  the  Mayor  and  Gen- 
eral Council  the  year  next  before  his  election,  which  shall  not  be 
changed  during  his  term.  He  shall  make  a  monthly  mortuary  report 
to  the  chairman  of  the  Board  of  Health. 

Sec.  913.  That  from  and  after  the  passage  of  this  ordinance  the 
prices  stated  below  shall  be  charged  for  burials,  etc.,  in  Oakland  Cem- 
etery, and  collected  in  conformity  with  the  coupon  system,  to-wit  :^ 

Attending  with  hearse $3  00 

Attending  funeral  without  hearse 1   00 

Special  or  general  invitation 1  50 

Attending  without  the  corporate  limits,  within  three  miles, 
double  price,  which  shall  be  paid  over  to  the  City  Tax  Col- 
lector. 

Digging  ordinary  grave  for  person  over  four  years  of  age 1  00 

Digging  ordinary  grave  for  person  under  four  years  of  age ....    2  00 

Digging  brick  grave  for  person  over  four  years  of  age 6  00 

Digging  brick  grave  for  person  under  four  years  of  age 3  00 

Disinterring  body  for  removal  from  dirt  grave 2  00 

Disinterring  body  from  brick  or  slate  vault 3  00 

Disinterring  and  reinterring  person  over  four  years  of  age,  ordi- 
nary grave 5  00 

Disinterring  and  reinterring  person  under  four  years  of  age, 

ordinary  grave 3  00 

1   Sec  ordinance  of  I'Y'bruary,   18ili». 


Part  III. — Ordixaxces. 


245 


Disinterring  and  reinterring  person  over  four  years  of  age,  brick 

grave ^ $?  00 

Disinterring  and  reinterring  person  under  four   years   of   age, 

brick  grave 4  00 

Disinterring  body  from  slate  grave  and  removing  the  vault  to 

another  lot 3  50  see934. 

Placing  body  in  vault,  temporarily 1  00 

Placing  body  in  grave,  permanently 4  00 


> 


CHAPTER  XXIII. 

CEMETERIES. 


Section. 

914.  Disturbance  of  graves. 

915.  Tombs — disturbance   of. 

916.  Traffic  in. 

91".  Bur.ving  outside  of  cemetery. 

918.  Gates— how  kept  and  used. 

919.  Bell. 

920.  Sign  or  notice. 

921.  Trees  and  shrubs. 

922.  Work    on    lots. 

923.  Carriages,   etc. 

924.  Burial    of    colored    persons    prohibited    in 
certain  parts. 


Section. 

925.  Night   guard. 

926-927-928.  Regulating    work    in    cemetery. 

929.  Paupers — where    buried. 

930.  Exhuming  dead  bodies  in  Oakland  Ceme- 
tery. 

931.  Graves— depth    of    in    Oakland    Cemetery, 
etc. 

932-933.  Sale  of  lots  in  Oakland  Cemetery. 

934.  Material    and    labor    furnished    by    city — 
prices. 

935.  Application   for  graves. 


Sectiox  914.     Any  person  or  persons  who  shall  in  any  wise  disturb 
anv  grave,  deface,  pull  up  or  remove  anvthing  put  or  placed  to  mark  a  Graves,  dis- 

1-  nil  '  »  ^  ^  turbance  of. 

grave,  or  any  paimg  or  wall  placed  around  a  grave,  or  shall  remove  any 
plank,  posts  or  timbers  in  the  graveyard,  such  person  or  persons    so 
offending,  on  conviction  thereof,  before  Eecorder's  Court,  shall  pay  a  Penalty, 
fine  not  exceeding  one  hundred  dollars  and  costs,  or  be  imprisoned  not 
exceeding  thirty  days. 

Sec.  945.     Any  person  who  shall  destroy,  mutilate,  deface,  injure  or 
remove  any  tomb,  monument,  gravestone  or  other  structure  placed  in  tombs  and  ad- 

,  ®  '■  juncts.    or 

the  cemetery,  in  said  City  of  Atlanta,  or  any  fence,  railing  or  other  shrubbery, 
work,  for  the  protection  or  ornament  of  any  tomb,  monument,  grave- 
stone or  other  structure  aforesaid,  or  for  the  ornament  or  protection  of 
said  cemeter}^  or  shall  willfully  destroy,  cut,  break,  remove  or  injure 
any  tree,  shrub  or  plant  that  may  have  been  planted,  or  that  may  be 
growing  in  said  cemetery,  or  commit  any  other  trespass  within  the 
limits  of  said  cemetery,  shall,  upon  conviction  thereof,  before  the  Ee- 
corder's Court,  pay  a  fine  of  not  exceeding  one  hundred  dollars,  and 
may  be  imprisoned  in  the  guardhouse  or  calaboose  not  exceeding  thirty  penalty. 
days,  which  money,  when  collected,  shall  be  applied  one-half  to  the 
informer,  and  the  other  half  by  City  Council,  under  the  direction  of 
the  committee  on  the  Cemetery,  to  the  reparation  and  restoration  of 
the  property  destroyed  or  injured  as  above. 


246 


Part  III. — Ordinances. 


To   prevent 
traffic  inside 
cemetery. 

Apr.    21,    1S7S 


Burying  out- 
side of  ceme- 
tery. 


Gates,    how 
kept   and   used. 


Sec.  916.  Any  j^erson  or  j^ersons  who  shall  sell,  or  offer  for  sale, 
any  article  of  merchandise,  or  any  fruit,  drink,  or  beverage,  or  any- 
thing of  value,  within  the  limits  of  the  cemetery,  shall,  on  conviction, 
be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not  exceed- 
ing thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  917.  Any  person  or  persons  who  shall  bury,  or  cause  to  be 
buried,  any  dead  person  or  persons  in  any  other  place  in  this  city  than 
the  public  cemetery,  without  permission  of  Council,  shall,  on  convic- 
tion in  the  Eecorder's  Court,  pay  a  fine  of  not  exceeding  one  hundred 
dollars  and  costs,  for  each  offense,  or  be  imprisoned  not  exceeding 
thirty  days. 

Sec.  918.  The  gates  leading  into  the  city  cemetery  on  Decatur 
and  Fair  streets,  shall  be  kept  locked,  and  opened  only  on  funeral 
occasions,  or  at  the  request  of  parties  hauling  material  for  cemetery 
purposes ;  that  the  gate  on  Hunter  street  shall  be  the  general  funeral 
entrance  to  said  cemetery. 

Sec.  919.  A  bell  shall  be  placed  at  the  Sextons  office,  which  shall 
be  rung  at  a  specified  hour  in  the  morning,  when  the  cemetery  will 
be  open  to  the  public,  and  said  bell  shall  again  be  rung  at  a  specified 
hour  in  the  evening  for  the  space  of  fifteen  minutes,  as  a  signal  for  all 
persons  to  retire  from  said  cemetery  before  the  gates  are  closed  for  the 
night;  and  any  person  or  persons  found  remaining  in  said  cemetery 
after  the  bell  has  ceased  ringing  in  the  evening,  or  found  in  the  cem- 
etery before  the  ringing  of  the  bell  in  the  morning,  shall  be  arrested 
by  any  person  or  officer  clothed  by  the  city  with  authority  to  make  such 
arrest,  and,  on  conviction,  in  the  Eecorder's  Court,  shall  be  punished 
by  fine  not  exceeding  one  hundred  dollars,  or  imprisoned  not  more 
than  thirty  days. 

Sec.  920.  A  sign  or  notice  shall  be  placed  at  one  or  more  places  in 
said  cemetery,  warning  parties  against  the  violation  of  the  preceding 
section  of  this  ordinance. 

Sec.  921.  Whenever  any  tree,  shrub  or  plant  standing  in  said 
cemetery  shall  injure  any  monument  or  decoration  in  an  adjoining 
lot,  by  the  drip  from  its  leaves  or  otherwise,  on  complaint  being  made 
thereof  to  the  Sexton,  it  shall  be  his  duty  to  notify  the  party  or  parties 
owning  the  said  tree,  shrub  or  plant  to  remove  the  same,  and  in  case 
he,  she  or  they  shall  refuse  or  fail  to  do  so,  then,  and  in  that  event, 
the  Sexton  shall  have  power  to  remove  or  cause  to  be  removed  said  tree, 
shrub  or  plant. 

Sec.  922.  Any  person  or  persons  entering  said  cemetery  for  the 
purpose  of  working  on  any  lot  or  lots  belonging  to  another  person  or 
persons,  shall  first  present  to  the  Sexton  an  order  in  writing  from  the 
owner  (or  agent  of  the  owner)  of  said  lot  or  lots,  stating  it  to  be  -.heir 
wish  that  the  bearer  thereof  be  permitted  to  work  on  said  lot  or  lots, 
and  such  work  must  not  interfere  with  the  walks,  decorations  or  other 


Sign. 


Work   on    lots. 


Part  III. — Ordinances.  247 


general 

arrangements 

in 

an\ 

niannei 

un< 

er 

the 

su 

pel 

•vision 

of 

the 

Sexton 

Sec. 

9-33. 

Any 

pel 

son 

or 

pel 

sons 

lavii 

g 

in  e 

uir 

ge 

any 

carriage. 

Carriages, 

etc. 

wagon,  dray  or  any  vehicle,  shall  not  drive  the  same  on,  or  allow  the  pj.,,    7   ;,gy(. 
same  to  occupy  any  walk  or  alley  prohibited  by  the  Sexton.  ^'^^^  ~'''  ■^^*'"' 

Sec.  924.  The  Sexton  shall  not  bury,  or  allow  to  be  buried,  any  gurjai  of  coi- 
colored  persons  upon  ground  set  apart  for  or  used  for  the  burial  of  prohibiteTL 
white  persons.  ^■"■'^■■"  p^'"^" 

Sec.  925.     There  shall  be  elected  l)y  the  Police  Commissioners,    at 
the  time  other  officers  of  the  police  force  are  elected,  two  night  guards  ^  '^     ^arcs. 
for  the  cemetery,  who  shall  hold  their  office  for  two  years,  unless  dis-  *  "^'    ' 
missed  for  cause.     Their  compensation  shall    be    payal^le    monthly,  salary. 
Their  hours  of  service  shall  be  the  same  as  those  now  required  of  the  July  21,  isro. 
j)olice  force.     They  shall  have  all  the  powers  of  regular  policemen,  and 
shall  guard  the  cemetery  at  night,  and  arrest  all  intruders  and  vio- 
lators of  citv  ordinances  in  and  around  the  cemetery.     The  Board  of 

-rt    -I  ■         ri  •      ■  Powers. 

Police  Commissioners  shall  cause  one  of  the  Captains  or  Sergeants  of 
Police,  on  duty,  to  visit  the  cemetery  at  least  once  every  night,  and  as 
often  as  may  be  necessary,  to  see  that  the  cemetery  guards  are  in  the 
proper  discharge  of  their  duties  and  carefully  protecting  the  cemetery 
from  intrusion. 

Sec.  926.     It  shall  be  unlawful  for  other  than  regularly  licensed 
contractors  to  contract  for  or  build  walls,  vaults  or  lay  foundations  ^^.^f^'^^'"§^^. 
and  set  monuments  in  Oakland  Cemetery,  and  in  no  case  shall  a  con-  ^^""^  cemetery, 
tractor  for  any  of  the  above  named  works  sub-let  such  work  to  other  ^^"^  ^'  ^®^^- 
parties,  thereby  attempting  to  relieve  themselves  of  the  responsibility 
or  liability  for  such  work;  prodded,  that    nothing   herein    contained 
shall  prevent  any  owner  from  having  work  done  on  such  lot  by  other 
than  licensed  contractors,  when  work  is  done  in  conformity  with  regu- 
lations prescribed  in  this  ordinance. 

Sec.  927.     All  parties  doing  work  in  said  cemetery  shall  properly 
prepare  their  material  for  doing  such  work  before  carrying  it  into  the  ^raliTemole 
cemeter}-,  and  all  such  parties  shall  immediately,  upon  the  comple- ateiy^p™^^  '' 
tion  of  any  piece  of  work,  remove  all  refuse,  such  as  stone,  brick  and  any  woVk." 
dirt  from  excavation,  etc.,  placing  the  same  wherever  the  Sexton  may 
designate,  if  wanted  in  the  cemetery.     It  is  hereby  made  unlawful  for 
any  such  party  to  use  the  walks  or  driveways  in  said  cemetery  for  work 
or  storage  yards,  unless  by  special  permit  from  the  Sexton. 

Sec.  928.     All  parties,  before  commencing  the  erection  of  any  wall 

I  ,  ,,  .  .  ,  Sexton  to 

along  the  walks  or  driveways  m  said  cemetery,  shall  get  from  the  Sex-  ^rade  and  lot 
ton  therein  the  proper  grade  and  lot  line  for  said  walk  or  driveway, 
and  all  excavations  for  walls  shall  not  be  less  than  one  foot  below  the 
line  of  permanent  grade.  All  excavations  for  monument  work  shall 
be  made  not  less  than  two  feet  deep,  and  as  much  deeper  as  is  neces- 
sary to  secure  a  firm  foundation,  and  the  same  shall  be  approved  by 


248  Part  III. — Ordinances. 


the  Sexton  in  charge.  Any  person  or  persons  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  before  the  Record- 
er's Court,  pay  a  fine  of  not  more  than  one  hundred  dollars,  or  serve 
not  more  than  thirty  days  upon  the  public  works  of  the  city,  either  or 
both,  within  the  discretion  of  the  court. 

Sec.  929.  All  orders  for  paupers'  graves  shall  be  directed  to  West 
View  Cemetery  Association,  and  all  pauper  interments  made  l)y  the 
authorities  of  the  City  of  Atlanta  shall  be  in  West  View  Cemetery 
until  the  further  action  of  this  body. 

Sec.  930.     It  shall  be  unlawful  to  exhume  dead  bodies  at  Oakland 
Exhuming         Cemetery  without  a  permit  from  the  Board  of  Health  of  the  City  of 
fn^oakiand       Atlanta,  and  any  person  so  offending  shall,  on  conviction,  be  fined  in 
Cemetery.         |^j^g  g^^^^  ^^^  exceeding  one  hundred  dollars,  or  to  work  and  labor  on  the 
April  20,  1S85.  ^^^^|^^.^  gtrects  of  the  city  not  longer  than  thirty  days,  either  or  both, 
in  the  discretion  of  the  Recorder's  Court.     And  the  Board  of  Health 
is  hereby  authorized  and  empowered  to  make  such  rules  and  regula- 
tions as  may  be  necessary  and  proper  to  carry  out  the  true  intent  and 
purpose  of  this  ordinance. 

Sec.  931.     Xo  grave  in  Oakland  Cemetery  shall  be  less  than  five 

Graves,  depth  feet  dccp.     The  opening  of  a  grave  in  said  cemetery  and  the  interring 

cemete^yf^^e'tc.  therein  of  an  additional  body  is  forbidden.     Any  person  or  persons 

Dec.  7,  1885.     violating  any  of  the  provisions  of  this  ordinance  shall,  on  conviction 

before  the  Recorder's  Court,  be  punished  by  a  fine  not  exceeding  one 

hundred  dollars,  or  imprisonment  not  longer  than  thirty  days,  either 

or  both,  in  the  discretion  of  the  court.     It  shall  l^e  the  duty  of    the 

Sanitary  Inspectors  to  see  to  the  enforcement  of  the  provisions  of  this 

ordinance. 

Sec.  932.     The  vacant  lots  in  Oakland  Cemetery  belonging  to  the 

Sale  of  lots       City  of  Atlanta  shall  be  sold  under  the  direction  of  the  Ccmeterv  Corn- 
in  Oakland  _  -^ 
Cemetery.             mittce. 

Sec.  933.  The  money  so  obtained  from  the  sale  of  said  lots  shall  l)e 
devoted  to  the  improvement  of  said  cemetery. 

Sec.  934.  The  City  of  Atlanta  shall  furnish  all  material  and  Iniild 
all  brick  vault  graves  in  Oakland  Cemetery.     The  price  of  such  graves 


Material    and 
labor   fur- 
nished by  city. 

complete,  at  the  following  rate :    For  children  under  five  years  of  age, 

June  19,    1896. 

fifteen  dollars;  for  children  more  than  fifteen  years  of  age,  twenty 


labor  fur-  ^^^^  g|-^gi^  ]^q  graded,  including  the  digging  of  the  grave  and  a  brick  vault. 

Prices. 

ten  dollars ;  for  children  between  the  ages  of  five  and  fifteen  years, 


See  913. 

dollars. 

Sec.  935.  iVpplications  for  graves  shall  state  whetlior  the  graw  is 
Must  pay  in  to  be  a  brick  vault  grave,  or  a  plain  grave,  and  shall  be  paid  for  when 
advance.  ^^^  permit  aud  order  for  the  grave  is  given,  at  the  office  of  the  Boanl 

of  Health,  and  the  same  shall  be  turned  into  tlie  City  Treasury  in  the 

same  manner  as  are  all  other  moneys. 


Part  III. — Ordinances. 


249 


CHAPTER  XXIV 


PUBLIC   SCHOOLS. 


Section. 

y36-a.S(i  (a)-!)3G  (b).  Number     of     members 

Board   of   education — their   terms,   etc. 
037.  Schools    controlled    by    Board    of    ]'.dii 

tion. 

938.  Powers   of   Board. 

939.  Text  books. 

940.  Plan  of  instruction. 

941.  Committees. 

942.  Treasurer — oath   and   bond. 

943.  Vacancies — how    filled. 


Section. 

944.  Disbursements. 

945.  Deposits   and   compensation. 

946.  Taxation— estimates,    etc. 

947.  Appropriations. 

948.  Reports. 

949.  Mayor  ex-offlcio   member. 

950.  Moneys  reported  to  Comptroller. 

951.  Board   of   Lady   Visitors. 

952.  Duties  of   latter   Board. 

953.  Term  of  office. 


\n  ordinance 
iroviding  for 
lie    reorg-aniza- 


Section  936.  Whereas,  It  is  believed  that  the  Board  of  Education 
of  the  City  of  Atlanta,  as  at  present  constituted,  is  too  large,  and  in  its 
work  is  cumbersome  and  unwieldy,  and  the  best  interest  of  the  city 
and  the  school  system  demands  a  reduction  of  the  same ;  therefore 

Be  it  ordained  hy  the  Mayor  and  General  Council  of  the  City  of 
Atlanta,  That  Section  928  of  the  Code  of  1891  be  and  the  same  is 
hereby  repealed. 

Sec.  93G  (a).  Be  it  further  ordained,  That  Section  929  be  re- 
pealed, and  in  lieu  thereof  the  following  be  substituted : 

Be  it  ordained  hy  the  Mayor  -and  General  Council,  That  from  and  BMrd°  of  Idu- 
after  the  passage  of  this  ordinance,  the  Board  of  Education  of  the  City ''''"°°' 
of  Atlanta  shall  consist  of  seven  members,  besides  the  IMayor  and  ^  ^^  ^^'  ^^^  ' 
chairman  of  the  Committee  on  Schools  of  the  City  Council,  who  shall 
each  be  e.v-officio  members  of  said  board. 

Sec.  936  (h).  Said  seven  members  of  said  board,  one  from  each 
ward,  shall  be  elected  at  this  meeting,  to  serve  as  follows :  Two  mem-  one  member 
hers,  one  for  the  First  ward  and  one  for  the  Second  ward,  for  a  term  ward, 
of  two  years;  two  members,  one  for  the  Third  ward  and  one  for  the 
Fourth  ward,  for  a  term  of  three  years ;  three  mem])ers,  being  one  each 
for  the  Fifth,  Sixth  and  Seventh  wards,  for  a  term  of  four  years. 
On  the  expiration  of  the  terms  of  said  members,  their  successors  shall 
be  elected  from  their  respective  Wards  and  their  terms  of  office  shall 
be  for  four  years.  Vacancies  in  case  of  death,  resignation  or  other- 
wise, to  1)0  filled  as  vacancies  in  other  boards  of  the  City  Government 
are  filled,  by  election  to  fill  the  unexpired  term. 

Sec  937.     The  Board  of  Education  shall  have  control  of  the  whole  „     ^    .  r-.. 

Board   of  Edu- 

subject  of  Public  Schools  in  the  city,  and  shall  have  full  and  ample  ''^t*''"- 
power  to  provide  the  requisite  buildings,  and    open    and    conduct    a 
sufficient  number  of  schools  to  meet  the  wants  of  the  population,  so 
far  as  they  can  do  so  by  a  prudent  and  Judicious  application  of  the 
means  made  subject  to  their  administration  and  management. 

Sec  938.     Among  the  powers  hereby  conferred,  the  following  are  powers, 
for  greater  certainty  specially  enumerated:     To    contract,    lease,    or 


250  Part  III. — Ordinances. 


purchase  buildings  for  schoolhouses,  and  to  make  all  needed  altera- 
tions and  repairs,  subject  to  confirmation  by  the  Mayor  and  General 
Council :  to  furnish  said  houses  with  appropriate  school  furniture  and 
apparatus ;  to  lay  off  the  city  into  additional  school  districts  whenever 


triets!  super-  ^^^  ^hc  judgment  of  the  board  it  shall  be  proper  to  do  so,  and  to  increase 
teachers!*  '*"'^  ^r  diminish  the  number  of  districts,  or  vary  their  boundaries  at  pleas- 
ure; to  employ  the  Superintendent  and  all  teachers,  fix  their  compcnisa- 
tion  and  prescribe  their  duties ;  to  control  the  distribution  of  teachers 
and  pupils  among  the  several  schools ;  to  dictate  the  course  of  studies^ 
the  organization  of  classes,  the  number  and  character  of  text-1)ooks, 
the  method  of  teaching,  the  time  and  mode  of  examination,  and  the 
distribution  of  rewards,  honors  and  diplomas,  and  to  make  and  insure 
the  enforcement  of  a  complete  system  of  rules  and  regulations  for  the 
government  and  efficiency  of  the  schools  as  respects  both  teachers  and 
pupils;  also,  to  take  measures  for  the  gradual  formation  of  a  school 
library,  and  for  nninaging  and  rendering  the  same  useful. 

Sec.  939.  From  and  after  February  25,  1898,  and  before  the  next 
term  of  the  public  school  l^egins  in  the  City  of  Atlanta,  the  Board  of 

Board   shall  se-  ^  o  ./  ^ 

lect  and  not     Educatiou  sliall,  iu  compliance  with  the  duty  now  resting  upon  it,  care- 
change  for  five  '  ^  ''  o     1  ^ 

years  the  text-  fully  cousidcr  and  adopt  the  text-books  to  be  used  by  the  children  in 

Feb  25  1898  ^^"^  public  schools  of  tliis  city,  in  each  and  every  grade,  and  that,  hav- 
ing done  so,  said  board  shall  not  have  the  power  to  change  any  of  said 
text-books  in  any  grade  before  the  expiration  of  five  years,  and  said 
board  shall  have  the  right  every  five  years  thereafter  to  change  text- 
books. 

Sec.  940.     The  plan  of  instruction  and  the  system  of  rules  and  reg- 

rtru"tion.^"  ulatioiis,  whcii  ouce  adopted,  shall  be  adhered  to,  unless  modified  from 
time  to  time  by  a  concurrent  vote  of  two-thirds  of  the  board. 

Sec.  941.  Any  of  the  ordinary  powers  of  the  board  may  be  per- 
formed by  appropriate  committees,  when  so  directed  by  standing  rules, 
or  be  special  orders  or  regulations  of  the  board. 

Sec.  942.  The  Treasurer  of  the  Board  of  Education  shall  be  elccti'd 
at  the  same  time  other  officers  of  said  board  are  elected,  and  shall 

Treasurer.  reccivc  and  pay  out  all  money  (from  whatever  source  derived)  sc^t 
apart  for  the  establishment  and  support  of  public  schools  in  Atlanta. 
Before  entering  upon  his  duties,  the  Treasurer  shall  give  bond  to  th(! 
Mayor  and  General  Council  in  such  sum  as  the  Mayor  and  Genei-al 
nd  bond  C'ouncil  may  require,  with  security,  to  be  approved  by  them;  and  slinll 
also  take  and  subscribe  an  oath  to  perform  his  duties  faithfully.  Said 
bond  and  oath,  after  being  recorded  on  the  minutes  of  the  board,  sliall 
be  filed  with  the  Clerk  of  Council. 

Sec.  94;?.     All  vacancies  in  the  ollit-e  of  Treasurer  shall  he  I'llled  by 

Vacancies  ^^^  boai'd  as  soou  as  practicable,  after  they  occur,  and  the  TinMsurer 
shall,  at  all  times,  be  subject  to  removal  by  the  board,  and  shall,  when 


Part  III. — Ordinances.  251 


ordered  by  said  board,  deliver  up  to  his  successor  all  moneys,  books, 
papers  and  property  in  his  custody,  belonging  to  the  public  schools. 

Sec.  944.  The  money  which  comes  into  the  hands  of  the  said 
Treasurer  shall  be  subject  to  be  managed,  administered  and  expended  '^'^''"'"sements. 
by  said  board.  It  shall  be  paid  out  only  on  the  checks  or  drafts  of 
said  board,  signed  by  the  President  and  countersigned  by  the  Secre- 
tary ;  and  the  Treasurer  shall  keep  a  book  of  receipts  and  payment?, 
and  transmit  quarterly,  on  the  first  Fridays  in  Januar}',  April,  July 
and  December,  a  full  and  complete  transcript  therefrom,  to  the  Mayor 
and  General  Council,  and  another  to  the  Board  of  Education.  Said 
Treasurer  shall  give  bond  in  the  sum  of  ten  thousand  dollars,  condi- 
tioned for  the  faithful  discharge  of  his  duties  and  properly  accounting 
for  all  moneys  coming  into  his  hands  as  such  Treasurer  during  his 
continuance  in  office. 

Sec.  945.  Whenever  directed  by  a  resolution  of  the  board,  the 
Treasurer  shall  keep  the  funds  on  hand  deposited  in  some  bank  in  the  Deposits, 
city  (specified  in  the  resolution),  and  if  any  profits  can  be  realized 
from  such  deposits,  they  shall  be  added  to  the  fund  producing  them, 
and  be  expended  as  part  thereof.  All  deposits,  and  the  terms  thereof, 
shall  be  reported  with  the  quarterly  transcript  from  the  Treasurer's 
books — said  books  and  the  moneys,  bonds,  certificates  of  deposits,  and 
other  assets  on  hand,  shall  at  all  times  be  subject  to  inspection  l3y  the 
Finance  Committee  of  the  Board  and  Council.  The  compensation  of 
the  Treasurer  shall  be  two  hundred  and  fifty  dollars  per  annum. 

Sec.  946.  Money  to  pay  the  current  expenses  of  said  schools  shall  Taxation, 
be  raised  annually  by  taxation  as  follows:  On  the  first  Monday  in 
May  of  each  year,  the  Board  of  Education  shall  file  with  the  Mayor 
and  Council  a  statement  of  the  amount,  as  nearly  as  can  be  estimated, 
which  will  be  needed  to  pay  the  cost  of  maintaining  the  schools  for  the 
succeeding  scholastic  year,  beginning  September  the  first,  exclusive  of 
money,  if  any  derivable,  from  the  State  or  other  sources.  Said  state- 
ments shall  set  forth  the  various  objects  of  expenditure,  and  specify 
the  sum  necessary,  as  estimated,  for  each.  It  shall  be  authenticated 
by  the  official  signature  of  the  President  of  the  Board. 

Sec.  947.  In  fixing  the  rate  of  taxation  for  the  year,  the  ]^Iayor 
and  General  Council  shall  consider  such  estimate  of  the  Board  of  Edu-  appropriatk.n. 
cation,  and  in  making  appropriations  for  the  various  departments  of 
the  City  Government,  shall  set  apart  and  appropriate  such  amount  to 
the  public  schools  as  in  their  judgment  may  he  just  and  proper,  having 
in  view  the  wants  of  the  schools,  and  the  financial  condition  and  ability 
of  the  city. 

Sec.  948.     In  addition  to  the  reports  already    provided    for,    the 
board  shall,  within  twenty  days  after  the  close  of  each  scholastic  term,  ^''PO'"*^- 
make  a  semi-annual  report  to  the  Mayor  and  General  Council  of   all 
the  financial  transactions,  and  of  the  general  progress  and  condition  of 


252 


Part  III. — Ordinances. 


Mayor  ex- 
officio   a    mem 
ber    of    Board. 


the  schools,  supplying    full    statistical    information    as    to    teachers, 
j^upils,  schools,  houses,  furniture  and  other  property. 

Sec.  949.  The  Mayor  of  the  city  shall  be  ex-officio  a  member  of 
said  Board  of  Education,  and  as  the  terms  of  the  present  members  of 
said  board  expire  their  successors  shall  be  elected  by  the  Mayor  and 
General  Council.  Vacancies  in  the  board  shall  be  filled  l)y  the  Mayor 
and  General  Council. 

Sec.  950.  The  President  of  the  Board  of  Education  shall  report  to 
Moneys  report-  ^hc  Comptroller  all  money  coming  into  that  department  from  tuition, 
teller. '^°"'''  donation,  bequest,  or  from  State,  county,  and  from  any  and  all  other 
sources,  and  the  amount  so  reported  shall  be  charged  for  collection  to 
the  Treasurer  of  the  Board  or  Education,  who  shall  receive  credit  upon 
exhibition  of  receipt  of  deposit  of  same  with  the  City  Tax  Collector, 
with  whom  he  shall  deposit  daily,  and  report  to  the  Comptroller  daily 
and  monthly. 

Sec.  951.     There   shall   bo    a    Board   of   Visitors   for    the    Public 
Board  of  lady   Schools,  to  be  couiposcd  of  scvcn  ladies,  selected  one  from  each  ward  of 
visitors  ere-      ^^^^  ^.^^^^^     g_^.^^  members  shall  be  nominated  at  the  meeting  of  the  Gen- 
eral Council  to  be  held  Xovember  21,  1898,  by  the  Mayor,  and  such 
nominations  approved  by  a  majority  vote. 

Sec.  952.  The  said  board  shall  have  authority,  and  it  shall  be  their 
duty  to  visit  the  different  public  schools,  familiarize  themselves  with 
e  ne  .  ^^^^  gonduct  of  both  teachers  and  pupils,  the  studies,  methods  of  teach- 
ing, discij^line,  etc.,  and  at  the  close  of  each  term  make  a  report  to  the 
Board  of  Education  of  their  work,  with  such  recommendations  as  they 
deem  proper  concerning  the  further  management  of  the  schools:  pro- 
vided, further,  that  reports  may  be  made  during  terms  if  occasion 
arises. 

Sec.  953.  The  term  of  service  of  said  members  of  the  Board  of 
Term  of  office.  Visitors  shall  be  two  years  from  date  of  election,  or  until  tlioir  suc- 
Nov.  11,  1S98.   cessors  are  qualified. 


CHAPTER  XXV. 


PARKS. 


Section. 

954.  Park   Commission. 

955.  Booths,   stands,   etc. 

956.  Ordinances  applied  to  preserve  peac 
order. 

957.  Protection   of  animals. 

958.  Hunting,  fishing,   etc.,   prohibited. 

959.  Flowers,    foliage,    etc.,    protected. 


Section. 

960.  Penalty   for   violating    rules. 

961.  Violators    of    State    laws    prosecuted. 

962.  Spring  Vale   Park. 

963.  North  Avenue   Park   Way. 

964.  Grady    Monument    and    Erskine    Fountair 
under   control    of    Park    Commission. 


Section  954.     The  general  control,  management  and  authority  over 
Park  commis-  property  of  the  City  of  Atlanta  known  as  the  L.  P.  Grant  Park     is 


hereby  ve.-^ted  in  the  Par' 
sist  of  tlu'  Standing  Com 


Commission,  which  Commission  shall  v 
littcL'  on  Parks  of  the  General  C(nincil.  ;i 


Part  III. — Ordinances.  253 


four  citizens  to  be  appointed  by  the  Mayor  at  the  time  the  Standing  jig^jbers 
Committees  of  Council  shall  be  appointed ;  said  Commission  shall  have 
power  (subject  to  the  supervision  of  the  General  Council)  to  protect 
the  city's  property,  enforce  order,  permit  or  prohibit  public  meetings,  ^^^^  °^- 
picnics,  games,  or  assemblage  of  persons  for  any  purpose  whatever,  on 
the  grounds  of  said  park ;  prescribe  rules  and  regulations  for  the  gov- 
ernment of  themselves  and  the  property  which  they  control,  and  gen- 
erally to  carry  forward  improvements  as  money  may  be  from  time  to 
time  appropriated  for  such  purpose. 

Sec.  955.  All  laws  and  ordinances  in  force  in  the  City  of  Atlanta 
in  relation  to  the  erection  of  booths,  stands,  etc.,  for  the  sale  of  arti-  stands!'  etc. 
cles  of  any  nature,  and  the  manner  of  obtaining  license  therefor  and 
the  fees  to  be  paid,  shall  apply  to  said  park;  provided,  that  no  license 
to  sell  or  retail  spirituous  or  malt  liquors  therein  shall  be  granted  upon 
any  terms. 

Sec.  956.     All  laws  and  ordinances  in  force  in  the  City  of  Atlanta 

•^  Peace   and   or- 

for  the  promotion  of  the  peace,  good  order  and  morals  thereof,  when- der  ordinances 

'■  1  ^  o  5  apply   in   the 

ever  applicable,  are  hereby  extended  to  and    embrace    the    territory  P^rk. 
included  in  said  park  and  in  Piedmont  Park,  and  any  person  violating 
said  ordinances  shall  be  subject  to  the  penalties  provided  in  the    City 
Code. 

Sec.  957.     That  it  shall  be  unlawful  for  any  person  to  throw  rocks 
at  any  of  the  animals  in  the  L.  P.  Grant  Park,  or  to  punch  any  of  such  Sai"°"tc.^ 
animals  with  sticks,  or  to  otherwise  unnecessarily  provoke  or  annoy  any  ^p^jj  ,1,  1S92. 
of  such  animals.     The  violation  of  this  section  shall  be  punished  by  a 
fine  of  not  less  than  five  nor  more  than  twenty-five  dollars  against  any 
person  convicted  of  such  violation  in  the  Eecorder  s  Court. 

Sec.  958.     Any  person  who  shall  hunt  with  dogs  or  firearms  of  any 
kind,  shoot,  fish,  swim  or  bathe  in  said  park,  shall  be  fined  not  exceed-  io°#ed  'in  the 
ing  fifty  dollars,  or  imprisoned  not  longer  than  thirty  days. 

Sec.  959.  Any  person  or  persons  picking  or  breaking  the  flowers 
or  foliage,  without  permission  of  the  Commissioners ;  or  who  shall  Breaking  flow- 
cut,  work,  or  deface  any  of  the  trees,  signs  or  public  notices,  buildings  etc! 
or  other  property ;  or  who  shall  throw  stones,  sticks  or  other  missiles ; 
or  who  shall  interfere  with  or  chase  rabbits,  squirrels  or  birds,  rob  or 
destroy  their  nests ;  or  who  shall  stand,  walk  or  ride  on  the  grass,  post 
bills  or  notices  in  said  park,  shall,  on  conviction  thereof  before  the 
Recorder's  Court  of  said  city,  be  fined  not  exceeding  fifty  dollars,  or 
be  imprisoned  not  longer  than  thirty  days. 

Sec.  9G0.     Any  person  or  persons  who  shall  persist  in  tlie  violation 
of  any  of  the  rules  and  regulations  prescribed  by  the  Park  Commission  j^t-^n*  of  rules! 
for  the  government  of  said  park,  after  notice  to  desist  from  so  doing, 
shall,  on  conviction  thereof  before  the  Recorder's  Court  of  said  city,  be 
fined  in  a  sum  not  exceeding  ten  dollars,  or  be  imprisoned  not  longer  ^«^"'^^*y- 
than  ten  davs. 


254 


Part  III. — Ordinances. 


Penal    laws   of 
State — viola- 
lations     prose- 
cuted. 


Sec.  961.  Should  ai\y  person  or  persons,  in  violating  any  of  the 
foregoing  sections  or  doing  any  other  act,  he  guilty  of  any  offense  under 
the  Penal  Code  of  this  State  or  city,  it  shall  be  the  duty  of  the  officer 
in  charge  to  arrest  him  or  them,  and  vigorously  prosecute  such  offenses 
in  the  State  Courts. 

Sec.  962.  The  gift  of  five  acres  of  land,  more  or  less,  in  Inman 
Park,  known  as  Spring  Yale  Park  be,  and  the  same  is,  hereby 
accepted,  subject  to  the  terms  and  conditions  in  said  deed  of  gift  set 
forth,  the  same  being  dated  the day  of  February,  1893. 

Sec.  963.  A  space  sixteen  feet  wide  in  the  center  of  Xorth  avenue, 
between  Peachtree  and  West  Peachtree  streets,  except  a  cross-way  fif- 
teen feet  \vide  midway  between  Peachtree  and  West  Peachtree 
streets,  is  hereby  set  apart  and  dedicated  as  a  parkway  or  place.  The 
particular  location  of  such  parkway  or  place  and  the  excepted  cross- 
way  being  indicated  by  plat  hereto  attached,  and  the  parkway  in  said 
street  shall  be  excluded  from  the  traveled  roadway  of  said  street  and 
shall  not  be  paved. 

Sec.  964.  The  Park  Commission  of  said  city  shall  hereafter  have 
jurisdiction,  supervision  and  control  of  all  property  that  has  heretofore 
been  or  may  hereafter  be  set  aside  by  the  city  for  park  purposes,  and 
shall  have  the  same  jurisdiction  and  control  of  the  Grady  Monument 
on  Marietta  street,  and  the  Erskine  Memorial  Fountain  at  the  inter- 
section of  Peachtree  and  West  Peachtree  streets. 


Ordinance   to 
define  the  Park 
way    in   North 
avenue,    be- 
tween   Peach- 
tree    and    West 
Peachtree 
streets. 

June  11,    1897. 


Park    Commis- 
sion   to    con- 
trol   all    parks 
and   certain 
monuments. 
Apr.  8,  1S98. 


CHAPTER  XXVI. 


CITY  ATTORNEY. 


Section. 

965.  Election  and  duties  of. 


Section. 

966.  Sue  negligent   officials. 


Section  965.  There  shall  be  an  attorney  elected  by  the  people 
biennially,  at  the  same  time  the  Mayor  is  elected  for  the  City  of 
Atlanta,  who  shall  have  the  title  of  City  Attorney,  whose  duty  shall 
be  to  prepare  all  such  cases  as  may  come  before  the  Mayor  or  General 
Council,  and  prosecute  the  same,  and  attend  to  such  legal  business  as 
may  be  required  of  him,  in  favor  of  said  city,  and  give  counsel  in  all 
cases  required  of  him  by  the  officers  of  said  city ;  and  who  shall  receive 
a  reasonable  salary,  to  be  fixed  by  the  Mayor  and  General  Council  the 
year  next  preceding  his  election,  which  shall  not  be  changed  during 
his  term. 

Sec.  966.  In  all  actions  hereafter  brought  against  tlie  city  in  which 
it  is  sought  to  recover  damages  on  the  ground  of  negligence  resulting 


The  Assistant  City  Attorney  is  appointed  by  the   City   Attorney,    subject    to   confirmation 
by  the  Mayor  and  General  Council. 


J 


Part  III. — Ordinances.  255 


in  injury  to  plaintiff  or  other  person  in  whose  right,  or  for  injury  to  ^^^^^^^^  ^^  ^ 
whom  he  sues,  it  shall  be  the  duty  of  the  City  Attorney,  upon  inq^iir- fr^m^'egUgent 
ing  into  the  facts,  to  serve  a  notice  upon  any  and  all  olUeers  or  em-  a^ts'^cause*""^^ 
ployes  of  the  city,  whoever  he  or  they  may  be,  by  whose  negligence  it  **'"''• 
was,  if  such  negligence  there  be,  that  such  injury  occurred,  notice  of  ^^^^-  ^'  ^^^^■ 
the  pendency  of  such  action,  together  with  a  copy  of  the  declaration  in 
paid  case,  at  least  five  days  before  the  trial  thereof,  and  if  said  suit 
results  in  a  final  recovery  against  the  city  it  shall  thereupon  be   the 
duty  of  the  City  Attorney,  by  virtue  of  this  ordinance,  and  without 
further  authority  or  direction  therefor,  to  institute  suit  against  the 
person  or  persons  thus  notified,  to  recover  said  amount  from  him   or 
them  upon  their  liability  over  to  the  city,  in  such  case  by  law  existing ; 
provided,  that  nothing  herein  contained  shall  be  construed  to  hold  any 
member  of  the  General  Council  responsible  for  his  vote  in  any  matter 
pending  before  the  General  Council  otherwise  than  as  he  is  liable  under 
the  charter. 


Section. 

967.  Oath   and   bond— duties. 

968.  Issue   license,    orders,    etc. 

969.  Books   to  be   kept. 

970.  Form   of   stubs,    etc. 


CHAPTER  XXVII. 

CLERK   OF   COUNCIL. 


Section. 

971.  Salary. 

972.  Fees. 

973.  When  fi.xed. 


Section  967.     The  Clerk  of  the  Citv  Council  of  Atlanta  shall   be 

Clerk    to    give 

elected  by  the  people  and,  before  he  enters  on  the  duties  of  his  office,  bond  and  take 
take  the  usual  oath,  give  bond  with  approved  guaranty  or  fidelity  com- 
pany as  security,  in  such  sums  as  the  Mayor  and  Council  shall  deter- 
mine by  resolution,  annually,  before  the  election.  The  Clerk  shall 
attend  all  meetings  of  the  General  Council  and  Aldermen,  and  shall 
keep  a  fair  and  correct  record  of  the  proceedings  of  the  same,  and  shall  ^^{^^^f  ^f^""' 
pay  all  moneys  received  by  him  to  the  City  Tax  Collector  at  least  once 
a  day. 

Sec.  968.     The  Clerk  shall  issue  all  licenses  as  hereafter  pointed  j^^^^  ucense 
out,  and  all  orders,  summonses,  notices,  or  other  instruments    which  «^''^- 
may  be  required  of  him  by  the  Mayor  and  General  Council. 

Sec.  969.     The  Clerk  shall  keep  the  following  books  and  accounts :  g^^^^  ^^  ^,g 

1.     A  book  or  rough  sheets  of  minutes.  ^^p^  ^>'  *^''^'''^- 

3.     A  book  of  neat  and  accurate  minutes. 

3.  A  book  for  recording  all  licenses  issued. 

4.  x4n  ordinance  and  covenant  book. 

5.  A  book  of  charges,  in  which  all  cash  items  shall  be  entered  as 
■coming  into  the  hands  of  said  Clerk;  also,  an  account  of  all  moneys 
paid  to  the  City  Treasurer,  which  book  shall  be  so  prepared  and 
•entries  therein  so  made,  that,  at  the  end  of  the  vear,  he  mav  readilv 


256,  Part  III. — Ordi^stances. 

determined  how  much  has  been  appropriated  by  the  city  for  streets  and 
sewers,  and  how  much  has  been  collected  from  the  citizens  for  such 
work. 

6.  A  book  in  which  he  shall  register  the  names  and  places  of  busi- 
ness, and  date  of  license  of  each  person,  firm,  company  or  corporation 
doing  or  carrjdng  on  any  business,  calling,  trade  or  profession  in  said 
city. 

7.  He  shall  keep  a  substantial  book,  in  which  he  shall  have  recorded 
all  petitions  for  street  work,  and  all  waivers  of  damage  on  account  of 
street  work,  after  which  the  originals  shall  be  safely  filed  and  kept  by 
him.  Said  Clerk  shall  make  a  minute  in  said  record  book  of  the  time, 
amount,  and  the  name  of  the  person  to  whom  paid,  of  all  payments  by 
said  city  on  account  of  claims  for  personal  injury  or  injury  to  prop- 
erty, real  or  personal.  Said  record  book  shall  be  well  indexed,  so  that 
the  matters  and  things  therein  contained  can  be  readily  found. 

8.  A  register,  in  which  he  shall  record  the  name  and  place  of  busi- 
ness, and  date  and  number  of  license  of  each  person,  firm,  company  or 
corporation,  engaged  in  the  liquor  business  in  the  City  of  Atlanta. 

9.  A  register,  in  which  he  shall  record  the  name  and  address,  the 
date  and  number  of  license  of  each  person,  firm,  company  or  corpora- 
tion, operating  a  dray  or  hack  in  the  City  of  Atlanta. 

10.  A  book  showing  in  detail  the  commission  and  insurance  pre- 
mium returns  made  to  the  city. 

11.  A  separate  fi.  fa.  docket,  each  for  business  license  fi.  fas.,  for 
delinquent  given  in  tax  fi.  fas.,  for  street  and  defaulters'  personalty 
unreturned  tax  fi.  fas.,  and  for  street  improvement  fi.  fas. 

12.  A  book  in  which  he  shall  register  the  deeds  made  to  tlie  city  at 
Marshars  sales. 

13.  A  book  in  which  he  shall  keep  a  record  of  lots  in  Oakland  Cem- 
etery. 

Sec.  970.  All  licenses  for  business  and  commission  returns,  etc., 
shall  be  issued  by  the  City  Clerk,  based  on  the  schedule  of  charges  for 
ce"ni^tow  is-  ^usiuess  sct  forth  in  the  tax  ordinance  each  year.  These  licenses  and 
and'^'retCrned''''  commissiou  rctums,  ctc,  shall  have  two  stubs,  which  shall  be  filled  in 
by  the  Clerk  with  the  name,  business,  amount,  etc.,  as  the  license,  etc., 
written  by  him  shall  show,  and  he  shall  certify  the  same  on  the  license 
and  commission  returns,  etc. ;  he  shall  deliver  to  the  Tax  Collector  the 
license  or  commission  returns,  etc.,  and  one  of  the  stubs  so  written, 
retaining  the  other  stub  from  which  to  nuike  up  his  accounts.  The 
Tax  Collector,  having  been  relieved  from  duty  in  the  Assessor's  office, 
shall  collect  the  amount  of  tlic  license,  coiimiissidn  return-;,  etc..  so 
issued  by  the  City  Clerk,  retaining  tlie  stub,  and  charge  up  same  in  a 
book  kept  for  that  purpose,  and  sliall  report  to  the  Comptroller  on  the 
same  day  all  sucli  licenses  or  commission  rc'turns,  etc.,  collected  by 
him,  accom})anie(l  with  tlie  stnhs  so  tui'iieil  o\-er  to  him  by  tlu'  City 


Part  III. — Ordinances.  257 


Clerk,  to  be  verified  by  him.  The  stubs  and  license  of  eonimission 
returns,  etc.,  shall  bear  the  same  number,  date,  etc.,  so  as  to  be  readily 
identified  as  triplicates.  The  General  Business  Licenses  shall  be  num- 
bered annually  from  1  to  15,000;  the  Dray  and  Hack  Licenses  from 
15,001  to  30,000;  Eetail  Liquor  Licenses  from  20,001  to  22,000; 
Wholesale  Liquor  Licenses  from  22,001  to  23,000;  Commission 
Eeturns,  etc.,  23,001  to  25,000.  The  City  Clerk  shall  make  each  day 
a  detailed  statement  to  the  Comptroller  of  all  the  licenses  and  commis- 
sion returns,  etc.,  issued  by  him,  showing  the  number,  date,  name, 
business  and  amount,  which  must  correspond  with  the  license,  etc., 
turned  over  by  him  to  the  Tax  Collector.  The  City  Clerk  must  also 
make  monthly  statements  of  same  to  the  Comptroller.  The  Tax  Col- 
lector shall  turn  over  daily  to  the  Treasurer  the  sum  collected  by  him 
for  licenses,  commission  returns,  etc.,  taking  his  receipt  for  same, 
which  they  shall  report  to  the  Comptroller,  and  he  shall  credit  the  one 
and  debit  the  other. 

Sec.  971.  The  Clerk  of  Council  may  receive  for  his  services  such 
salary,  per  annum,  payable  monthly,  without  perquisites,  as  shall  have  ^^'^'■^"• 
been  fixed  by  the  Mayor  and  General  Council  the  year  preceding  his 
election,  and  shall  do  and  perform  all  such  duties  as  are  now,  or  may 
iioreafter  be,  required  by  the  laws  and  ordinances  of  the  City  of 
Atlanta. 

Sec.  972.     The  Clerk  of  the  City  Council  of  the  City  of  Atlanta 
!?liall  be  entitled  to  demand  and  receive  fees,  unless  he  receives  a  salary  Fees.  ] 

in  lieu  of  the  same,  or  the  General  Council  shall  have  otherwise  pro- 
vided : 

For  each  case  before  Kecorder  where  fine  is  collected 75 

For  each  fi.  fa.  whi*ch  is  collected 50 

For  issuing  general  business  licenses,  each 25 

For  issuing  dray  and  hack  licenses,  each 25 

For  other  services  such  fees  as  heretofore  fixed  by  ordinances.  mov.  g,  isqo. 

The  salary  of  the  Collector  of  Street  Improvements  to  be  paid  by  the  pec  28,  isse. 
city,  under  supervision  of  Finance  Committee. 

Sec.  973.     Whether  the  Clerk  shall  receive  fees  or  salary,  the  same 
shall  be  fixed  prior  to  his  election,  and  shall  not  l)e  changed  during  his  sS  fixeT"' 
term  of  office. 


{17) 


258 


Part  III. — Ordinances. 


CHAPTER  XXVIII. 


CITY  COMPTROLLER. 


Section. 

974.  How  elected. 

975.  Term    of    office    two     .vears    unless     re- 
moved for  cause. 

976.  Oath,  bond  and  salary. 

977.  Books  and  accounts  to   be  kept. 

978.  All  fl.    fas.   to  be  entered  on  his  books. 

979.  May    require   sworn   evidence   as   to   jus- 
tice of  claims  against   city. 

980.  Warrants   for   damages. 

981.  Stationery. 

982.  Supplies    for    departments. 

983.  List   of  burnable  property. 

984.  Insurance   policies   filed   with. 
98.5.  Rents    due    city — how   collected. 

986.  Proceeds   from    sales    of    property. 

987.  Penalty. 


bection. 

988.  Departments    of    appropriation    and    ex- 
penditures. 

989.  Duplicate  bills   required. 

990.  Manner  daily  reports. 

991.  Collection  of  moneys. 

992.  Officers  governed  by  this  ordinance. 

993.  Went  into  effect   in  1889. 

994.  Statement   of  vouchers. 

995.  Record   of  officers'   fees  kept. 

996.  Preamble. 

997-998.  Estimates    of    departments. 
999.  Appointments. 

1000.  Bridge   department   created. 

1001.  Record  of  checks  lost. 

1002.  Transcript   of  record. 


Term    from 
Mav,    1889,    to 
April,    1891— 
afterwards 
terms  of  two 
years   each. 


Mayor   may   re- 
move for  cause. 


Salary,   oath 
and  bond. 


Duty   to   keep 
general   set   of 
books    covering 
all    receipts 
and   disburse- 
ments of  city. 


May  require  ev- 
idence as  to 
j\istice    of 
claim. 


Section  974.  The  City  Comptroller  shall  be  elected  by  the  people 
biennially,  when  the  Mayor  is  elected. 

Sec.  975.  At  the  first  regular  meeting  of  the  Mayor  and  General 
Council  in  May,  1889,  the  Mayor  shall  communicate  to  the  General 
Council  the  nomination  of  a  person  for  said  office.  The  person  first 
appointed  and  confirmed  as  City  Comptroller  shall  serve  until  the  first 
regular  meeting  of  the  Mayor  and  General  Council  in  April,  1891,  and 
until  his  successor  is  elected  and  qualified,  unless  sooner  removed  by 
the  Mayor  and  General  Council  for  cause.  All  subsequent  elections 
shall  be  for  a  term  of  two  years,  with  the  same  right  of  removal  for 
cause. 

Sec.  976.  The  City  Comptroller  shall  be  paid  a  salary  of  $2,500 
per  annum.  He  shall  qualify  by  taking  an  oath  for  the  faithful  per- 
formance of  his  duties,  and  by  giving  a  bond  to  said  city  in  the  sum  of 
ten  thousand  dollars  with  good  securities,  subject  to  approval  by  tlie 
Mayor,  conditioned  for  the  faithful  performance  of  his  duties. 

Sec.  977.  It  shall  be  the  duty  of  the  City  Comptroller  to  open  and 
keep  a  general  set  of  books  for  said  city,  and  to  keep  regular  and  cor- 
rect accounts  showing  the  financial  transactions  of  the  city,  which  shall 
embrace  an  account  of  all  receipts  and  disbursements  of  money  by  said 
city,  and  separately  and  under  proper  heads  each  cause  or  source  of 
receipt,  of  disbursement,  accounts  with  all  persons  and  all  city  officers 
who  have  money  transactions  with  said  city. 

Sec.  978.  Xo  /?.  fa.  issued  by  the  Clerk  of  Council  .-^hall  be  valid 
and  of  force  until  the  same  has  been  entered  upon  the  books  of  the 
Comptroller  and  charged  to  the  officer  to  whom  said  fi.  fa.  is  delivered. 

Sec.  979.  Whenever  a  warrant  or  claim  shall  be  presented  to  the 
City  Comptroller  he  shall  have  power  to  require  evidence  that  the 
amount  is  justly  due,  and  for  that  purpose  may  summon  before  him 


Part  III. — Ordinances.  259 


any  officer,  agent  or  emi)loye  of  any  department  of  said  city,  or  any  ^^^   ^^^  ^gj,,^ 
other  person,  and  examine  him  upon  oath  or  affirmation  rehitive    to 
said  warrant  or  claim. 

Sec.  980.  Hereafter  no  warrants  for  money  passed  in  favor  of  any 
person,  except  in  cases  of  court  verdicts  or  judgments,  shall  be  deliv-  damages? 
•ered  to  such  parties  until  all  past  due  demands  in  favor  of  the  City  of 
Atlanta  against  the  person  or  persons  in  favor  of  whom  such  warrants 
are  passed,  have  been  satisfied.  It  is  hereby  made  the  duty  of  the  City 
Comptroller  to  enforce  this  ordinance,  and  to  require  settlement  in 
cases  of  cross  demands  as  above  specified. 

Sec.  981.     Whenever  any  department  of  the  City  Government  shall 

,        ,  stationery    of 

require  for  its  use  books,  stationery  or  printing,  amounting    to    ten  city, 
dollars  and  upwards,  such  department  shall  make  application  to    the  .Tan.  it,  isr«. 
Comptroller  for  the  same,  with  copies  of  what  is  wanted,  and  he  shall 
ask  for  bids  for  the  same,  said  bids  to  be  opened  and  contracts  awarded      ^ 
by  the  Committee  on  Printing. 

Sec.  982.  In  the  month  of  January,  each  year,  every  department  of  g^  ^.^^  ^^ 
I  he  City  Government  shall  make  out  a  detailed  list  of  every  article  ^^J^°^*j'^^?[^; 
which  may  be  needed  for  general  use  in  that  department  as  near  as  government, 
can  be  estimated  during  the  year,  and  hand  to  the  City  Comptroller,  ^^^-  ^^'  ^^•*^- 
who  shall  ask  for  bids  for  same  from  houses  in  the  city,  when  prac- 
ticable, dealing  in  the  lines  of  goods  needed,  to  be  delivered  during  the 
year  as  may  be  needed  for  use  from  time  to  time.  These  bids  shall  be 
directed  to  the  Finance  Committee  of  Council,  and  they  may  award 
contracts  to  the  best  bidders  in  their  discretion,  reserving  the  right  to 
reject  any  and  all  bids.  The  contracts  having  been  awarded  as  above 
provided  for,  then  the  heads  of  departments  shall  make  requisition  on 
the  City  Comptroller  for  such  articles  as  they  may  need  from  time  to 
time  during  the  year,  who  shall  supply  them  by  orders  on  the  con- 
tractors. When  contracts  cannot  be  awarded  for  the  entire  year  on 
account  of  fluctuations  in  prices  or  nature  of  articles  wanted,  the 
heads  of  the  departments  shall  make  requisitions  on  the  Comptroller 
for  such  articles,  who  shall  ask  for  bids  for  same,  said  bids  to  be 
opened  by  the  committee  having  supervision  of  the  department  so 
making  requisition,  and  contracts  may  be  awarded  to  the  best  bidder 
in  such  cases.  All  bids  from  contractors  for  supplies  furnished  the 
city  must  be  accompanied  with  the  order  of  the  Comptroller  for  same, 
and  he  must  see  that  the  goods  have  been  supplied  at  the  price  and  the 
quality  contracted  for. 

Sec.  983.     It  shall  be  the  duty  of  the  several  departments  of  the 
City  Government  to  file  with  the  City  Comptroller  a  statement  show-  bie  property  ot 
ing  the  value  of  burnable  property  or  property  liable  to  destruction  by"  "'' 
fire,  which  may  be  under  the  control  of  their  respective  departments. 
These  statements  shall  also  show  the  amount  of  fire  insurance  carried 
on  each  piece  of  property,  the  names  of  the  companies,  the  terms  and 


260  Part  III. — Ordinances. 


expiration  of  each  policy  and  the  rates  of  premiums  paid  thereon. 
Such  statements  shall  be  made  and  filed  with  the  Comptroller  on  the 
first  day  of  July,  October,  January  and  April  of  each  year  following 
the  adoption  of  this  ordinance. 

Sec.  984.  On  and  after  the  first  day  of  July,  1893,  all  policies  of 
vvith^'conip-*^'^  insurance  upon  property  belonging  to  the  city  shall  be  filed  witli  the 
tioiier.  Comptroller,  where  they  may  be  examined  from  time  to  time  by  the 

Mayor  and  Committee  on  Public  Buildings  and  Grounds,  and  it  is 
hereby  made  the  duty  of  said  committee  to  see  that  each  and  every 
policy  is  properly  written,  so  as  to  avoid"  as  far  as  possible  any  trouble 
in  case  of  loss. 

Sec.  985.  Eents,  etc.,  due  the  city  and  unprovided  for  in  the  fore- 
Rents— how  goiiig?  shall  be  paid  to  the  City  Tax  Collector,  who  is  empowered  to 
collected.  receipt  for  same,  and  shall  deposit  with  Treasurer,  and  be  credited 

when  he  presents  certificate  of  such  deposit  to  the  Comptroller.     The 
♦  receipt  shall  originate  in  the  Clerk's  office  under  the  coupon  system. 
Sec.  986.     It  shall  be  the  duty  of  every  department  and  every  officer 
Requiring  pro-  of  the  City  of  Atlanta  who  shall  sell  any  of  the  public  property,  real 
orpubHc^proV  01"  persoual,  belonging  to  said  city  to  pay  the  proceeds  of  such  sale  to 
paid  through     the  City  Tax  Collector  and  report  such  payment  to  the  City  Comp- 
troller, as  required  by  the  ordinance  defining  the  duties  of  the  City 
Comptrcfller  to  pay  such  money  into  the  City    Treasury    subject    to 
appropriation  and  distribution  by  the  Mayor  and  General  Council. 

Sec.  987.  Any  officer  of  any  department  of  the  City  Government 
of  Atlanta  who  shall  violate  the  foregoing  section  shall,  upon  convic- 
tion of  such  violation,  in  the  Eecorder's  Court  of  the  City  of  Atlanta, 


May   5,    1S97. 
Amends    Code, 

1156  (b).  be  subject  to  punishment  by  fine  not  exceeding  thirty  days,  either  or 

both  of  such  punishments,  in  the  discretion  of  the  court. 

Sec.  988.     In  order  to  keep  correct  accounts    and    ascertain    tlie 

De  artments      ^xact  aiiiounts  expended  under  different  heads  in  the  City  Government, 

created.  ^hat  the  followiug  departments  are  herel)y  created,  and  all  warrants 

upon  the  Treasurer  shall  be  drawn  upon  the  fund  appropriated  for  that 

department  creating  the  expenditure;  and  unless  it  shall  be  so  stated 

upon  its  face,  shall  not  be  paid  by  him. 

departments  of  appropriation  and  expenditures. 

Appropriations        1.     Department  of  Mayor. 

to  be  made  for  ^  "^ 

each  depart-  2.     Deijartiiient  of  Council. 

ment,    but  '■ 

these  depart-  3.     Department  of  City  Hall. 

ments   or  ^  -^ 

heads  of  ap-  4.     Department  of  Finance. 

propriation   are  -^ 

subject  to  5.     Department  of  Police. 

change.  ^ 


6.  Department  of  Tax. 

7.  Department  of  Fire. 

8.  Department  of  Cemetery. 

9.  Department  of  Sewers. 


Part  III. — Ordinances.  261 


10.  Department  of  Streets. 

11.  Department  of  Engineer. 

12.  Department  of  Commissioner  Public  Works. 

13.  Department  of  Waterworks. 

14.  Department  of  Street  Lights. 

15.  Department  of  Law. 

16.  Department  of  Parks. 

17.  Department  of  Relief. 

18.  Department  of  Public  Schools. 

19.  Department  of  Bridges. 

20.  Department  of  City  Comptroller. 

21.  Department  of  Sanitary. 

22.  Department  of  Contingent. 

Sec.  989.     All  bills  made  out  against  the  City  of  Atlanta  for  pay- 
ment shall  be  made  in  duplicate  upon  bill-heads  in  the  department   to  „.„ 

^  ^  ^  Bills  made  out 

which  it  relates,  and  shall  be  approved  by  the  official  head  of  that  ^"  duplicate, 
department,  the  chairman  of  the  committee  who  has  supervision  of 
same,  and  the  City  Comptroller.  The  Mayor,  or  Mayor  pro  tern.,  hav- 
ing satisfied  himself  of  the  correctness  of  the  account,  shall  draw  a 
warrant  upon  the  City  Treasurer  for  the  amount  of  same,  when  he 
shall  require  the  duplicate  bill  and  stub  of  warrant  to  be  signed  by 
the  person  obtaining  payment.  The  City  Comptroller  shall  then  coun- 
tersign the  warrant  and  require  the  original  account  to  be  receipted, 
which  he  shall  file  away  in  his  office  for  reference.  The  City  Treas- 
urer is  then  authorized  to  pay  the  warrant. 

Sec.  990.     The  City  Treasurer  shall  report  to  the  Comptroller  daily 
and  monthly  the  deposits  made  with  him  by  collecting  officers  of  the  makTdlnv"re- 
city.     He  shall  also  report  daily  the  amounts  paid  out  by  him  forP"""*^- 
interest,  coupons  and  bonds,  for  which  he  has  received  no  warrant,  and 
also  the  cash  balance  remaining  daily,  with  a  detailed  statement  of 
warrants  paid,  with  number,  name  and  amount  of  each. 

Sec.  991.  All  moneys  collected  for  the  City  of  Atlanta  by  its 
officials  shall  be  done  under  the  system  known  as  the  "coupon  system"  collection  of 
of  collections ;  that  is,  that  all  bills  for  collection  of  the  city's  revenues  "'°°^-''- 
shall  be  made  out  by  the  head  of  the  department  in  which  they  origi- 
nate, said  bills  having  two  stubs  attached,  one  stub  to  be  retained  and 
the  other  stub  and  bill  to  be  sent  to  the  collecting  officer  for  collection. 
The  head  of  the  department  issuing  the  bill  for  collection  shall  on  the 
same  day  report  the  fact  to  the  City  Comptroller  with  the  number, 
name  and  amount  of  said  bill,  which  shall  be  charged  to  the  collecting 
officer  by  the  Comptroller ;  said  collecting  officer  shall  sign  the  receipt 
on  payment  of  the  bill,  retaining  the  detached  stub.  The  collecting 
officer  shall  on  the  same  day  he  receives  the  money  for  any  bill  so  col- 
lected deposit  it  with  the  City  Tax  Collector,  taking  duplicate  receipts 
for  same  and  on  the  same  day  make  his  report  of  collections  of   said 


262  Part  III. — Ordinances. 


bills  to  the  City  ComiDtroller,  accompanied  by  the  duplicate  receipt  of 
the  City  Tax  Collector,  together  with  the  coupons  made  by  the  heads 
of  the  departments  issuing  them,  to  be  checked  up  and  verified  by  the 
City  Comptroller  each  day. 

Sec.  992.     The  City  Clerk,  Chief  of  Police,  Marshal,  Sexton,  Sec- 
city  Clerk  and  Tctary  Water  Commissioners,  Tax  Assessors,  Clerk  Board  of  Health 
glverned^'^by     ^^^  ^^^  othcr  officials  of  the  city  shall  be  governed  by  and  be  subject  to 
this  ordinance.  Q^^  provisious  of  this  Ordinance  in  reporting  the  bills  issued  and  col- 
lections made  by  each  of  them,  as  required  by  the  first  section  hereof, 
and  all  moneys  collected  by  these  officers  shall  be  paid  to  the  Tax  Col- 
lector, who  shall  pay  the  same  to  the  City  Treasurer. 

Sec.  993.  The  provisions  of  this  ordinance  shall  take  effect  on  and 
after  the  first  day  of  July,  1889,  and  that  all  officers  of  the  City  Gov- 
ernment of  Atlanta  affected  thereby  shall  be  required  to  comply  with 
its  requirements,  and  have  books,  papers,  etc.,  properly  prepared  by 
that  date,  to  carry  them  into  effect. 

Sec.  994.     The  Comptroller  of  the  city  shall  furnish,  at  each  reg- 
statements  of   ular  meeting  of  the  General  Council,  and  to  the  Aldermanic  Board,  a 
statement  of  each  voucher  approved  and  each  warrant  drawn,  and  the 
"  ■*'    '        ■    consideration  for  it  and  the  fund  on  which  it  is  drawn. 

Sec.  995.  The  City  Comptroller  is  required  to  keep  a  book  of  en- 
Record  of        tries  of  all  fees  collected  by  city  officers,  and  that  said  books  be  subject 

officers'   fees  to  i    /^  -i 

be  kept.  to  inspection  of  the  Mayor  and  General  Council. 

Sec.  996.  Whereas,  It  is  necessary,  in  order  that  the  Mayor  and 
Council  may  be  enabled  to  make  an  intelligent  and  proper  distribu- 
tion of  money  raised  by  taxation  among  the  various  departments  of 
the  City  Government  for  their  support  and  maintenance,  as  the  de- 
mands of  each  may  severally  require,  and  that  each  of  these  depart- 
ments may  be  restricted  in  their  disbursements  to  the  amounts  appor- 
tioned to  each  of  them;  that  statements  of  the  amounts  required  by 
each  department  be  made  to  the  Council  for  consideration  and  guid- 
ance before  the  time  of  making  said  apportionments ;  therefore, 

Sec.  997.  The  Board  of  Education,  the  Board  of  Health,  the  Board 
Boards,  of-  of  Policc  Commissioncrs,  the  Board  of  Water  Commissioners,  the 
IZlHnu  ^''  Board  of  Park  Commissioners,  the  Chief  of  the  Fire  Department,  and 
Znts'^and^es"  the  Commissioucr  of  Public  Works,  shall  each  file  with  the  Clerk  of 
of  maLtlinTng  Couucil,  to  be  transmitted  by  him  to  the  Mayor  and  General  Council, 


depamtrents^  in 

April 

cemb 

year. 


April  and  De-  a  statement  of  the  amount,  as  nearly  as  can  be  estimated,  of  maintain- 

cember  of  each 


ing  their  departments  for  the  year.     Said  statement  shall  set  fortli 
April  2,  1888.    tlic  various  objccts  of  expenditure,  and  specify  the  sum  necessary  tor 

each  of  them. 

Sec.  998.     Each  of  the  above  named  dopartinents,  by  their   proper 

officers,  are  hereby  required  to  file  said  statements  of  estimated  ex- 
quired,  pcnditures  with  the  Clerk  of  Council  the  last  Mondays  of  April    and 

December  of  each  year. 


Part  III. — Ordixaxces.  263 


Sec.  999.  After  the  apportionments  to  the  various  departments 
above  named  have  been  made  by  the  Mayor  and  Council,  the  Board  of 
Aklermen  concurring,  that  no  bill  of  expenditure  incurred,  or  author- 
ized ])y  any  of  said  departments,  in  excess  of  the  apportionment  thus 
fixed,  shall  be  paid  by  this  body. 

Sec.  1000.     The  Department  of  Bridges  is  hereby  created,  and  all  Department 
accounts  for  expenditure  of  money  for  building  or  repairing  bridges  '^'■*^*«^<'- 
shall  be  made  on  bill-heads  against  the  department,  and  shall  be  paid 
for  from  funds  appropriated  by  the  Council  to  this  department ;  and  Accounts— 
the  City  Comptroller  is  hereby  authorized  to  draw  warrants  on  this  ^^Trants*  """^ 
department  when  properly  approved,  and  the  City  Treasurer  is  au-  '''"*"'"• 
thorized  to  pay  same  when  signed  by  the  Mayor,  as  in  case  of  other  ^^^^'  ^^'  ^^''^' 
warrants  drawn  upon  the  Treasurer. 

Sec.  1001.  The  Comptroller  shall  make  and  keep  in  a  book,  to  be  Record  of  lost 
prepared  for  that  purpose,  a  record  of  all  city  checks  lost  by  the  own-  '^'"^'^''^• 
crs  and  renewed  by  the  Council,  with  their  dates,  numbers,  amounts, 
in  whose  favor  issued,  whether  payable  to  order  or  bearer,  for  what 
purpose  or  on  what  account  issued,  and  the  dates  and  amounts  of  all 
credits  on  said  checks,  with  the  name  of  the  owner  at  the  time  of  the 
entry  of  the  credit. 

Sec.  1002.  The  said  Comptroller  shall  make  correct  transcripts  of 
such  record  in  a  large,  fair  hand,  and  furnish  one  to  the  Clerk,  Treas-  rewrf"'^ 
urer.  Marshal  and  Tax  Collector,  to  be  posted  conspicuously  on  or  near 
their  desks  for  convenience  of  reference.  The  description  of  each 
renewed  check  shall,  immediately  after  its  renewal,  be  added  to  the 
record  and  each  of  said  transcripts. 


CHAPTER  XXIX. 


city  exgixeer. 


Section. 

1003.  Klection. 

1004.  Duties. 

1005.  Sewer — keep   record   of — cost   of. 

1006.  Bond. 

1007.  Make   plats. 

1008.  Jrrofiles. 


Section. 

1009.  Grades— how    established. 

1010.  Grades — permanent. 

1011.  Inspect    permanent    improvements. 

1012.  Reject   improper   work   or   material. 

1013.  Make   out   paving  bills. 


Sectiox  1003.  There  shall  be  elected  by  the  people,  at  the  time  of 
electing  other  city  officers  in  and  for  the  City  of  Atlanta,  an  Engineer  fai!,*r?°"~ 
for  said  city,  who  shall  take  an  oath  before  the  Mayor  to  perform  such 
duties  as  may  thereafter  be  required  by  said  Mayor  and  General  Coun- 
cil, annually,  and  he  shall  be  entitled  to  and  receive  such  salary  as  ^^^^  "*  °^''^- 
may  be  fLxed  by  said  Mayor  and  General  Council,  the  year  preceding 
his  election,  which  shall  not  be  changed  during  his  term. 

Sec.  1004.     It  shall  be  the  duty  of  the  City  Engineer  to  survey,  lay 


264 


Part  III. — Ordinances. 


of  streets,  etc., 
to  work  to  his 
plans. 

Shall  keep  file 
of  plats. 


Duties.  ^^^  a^cl  give  the  grade  of  streets  and  sidewalks,   and   the   inclination 

and  shape  of  drainage  for  the  city,  and  the  form  and  dimensions  neces- 
sary to  culverts,  and  the  thickness  and  strength  necessary  to  all  walls 
that  are  to  be  filled  with  earth,  and  to  perform  all  other  duties  in  his 
line  of  business  that  he  may  be  called  on  to  do  by  the  resolution  of 
Council,  the  Street  Committee,  or  the  Commissioner  of  Public  Works, 

Commissioners  ^^^  ^0  do  all  the  engineering  necessary  for  the  city.  The  Commis- 
sioner of  Public  Works  shall  work  to  his  plans  and  directions,  as  well 
as  those  engaged  in  any  work  coming  under  his  department.  He  shall 
file  and  carefully  preserve  in  his  office,  properly  indexed,  all  plats    of 

May  3,  1880.  property  furnished  him  by  parties  who  make  subdivisions  of  such  prop- 
erty for  the  purpose  of  sale  or  otherwise. 

Sec.  1005.     He  shall  keep  a  record  of  the  cost  of  all  sewers  that  have 

Keep  record  of  heretofore  been  laid  down,  and  collect  through  the  Tax  Collector  from 

cost   of  sewers,     in  t 

all  persons  desiring  to  connect  therewith,  before  granting  them  permis- 
sion to  do  so,  such  an  amount  in  proportion  to  the  whole  cost  of  the 
sewer  as  the  frontage  of  his  lot  bears  to  double  the  amount  of  the 
whole  length  of  the  sewer.  The  collector  shall  pay  over  all  amounts 
thus  collected  to  the  City  Treasurer  through  the  Comptroller  system. 

Sec.  1006.  The  City  Engineer  shall  give  bond,  with  good  and  sat- 
Bond.  isfactory  security,  in  the  sum  of  one  thousand  dollars,  for  the  faithful 

performance  of  his  duties. 

Sec.  1007.  For  all  permanent  street  improvements,  whether  for 
sidewalks,  streets,  pavements,  or  repairs  of  streets  or  sidewalks,  or 
sewer  assessments,  when  passed  on  by  the  ]\Iayor  and  General  Council, 
and  concurred  in  by  the  Aldermanic  Board,  the  City  Engineer  is 
hereby  required  to  make  a  plat  of  each  street,  or  a  portion  of  a  street 
to  be  so  improved,  with  the  names  and  frontage  of  each  property  owner 
on  said  street;  and  when  the  street  or  a  portion  of  a  street  is  com- 
pleted, he  is  required  to  furnish  the  Street  Improvement  Collector 
with  said  plat,  specifying  the  amount  due  by  each  property  owner. 
Then  it  becomes  the  duty  of  the  Street  Improvement  Collector  to  keep 
a  separate  set  of  books  for  street  improvement  purposes,  and  he  shall 
be  required  to  make  monthly  reports  to  the  Mayor  and  General  Council 
of  all  money  received,  and  from  whom,  and  also  the  names  and  the 
amount  due  of  each  property  owner  who  may  be  indebted  to  the  city 
for  street  improvement. 

Sec.  1008.  When  any  person,  firm  or  corporation  shall  apply  for 
a  permanent  grade  under  Sections  64  and  GG  of  the  Code  of  1883,  or 
when  in  the  construction  of  sidewalks,  sewers,  or  improvement  of  any 
street  or  alley  in  said  city,  it  shall  become  necessary  to  fix  and  estab- 
lish a  permanent  grade,  all  the  surveys,  plans,  profiles  and  grades  and 
other  work  necessary  to  perfect  the  same,  shall  be  done  and  furnished 
by  the  City  Engineer  to  the  Mayor  and  General  Council,  who  shall',  by 
ordinance,  fix  and  establish  such  grade,  and  have  the  Clerk  of  Council 


Engineer   t 
make    plat 


Permanent 
grades. 


Dec.   1,   1884. 


Part  III. — Ordinances.  265 


enter  on  the  ])rotile'  showing  such  grade,  the  day  and  date  of  its  adop- (.^^^j^^.j,  ,,^  ^^ 
tion  by  the  Couneil,  and  such  profile  shall  then  be  filed  in  the  En- 
gineer's office. 

Sec.  1009.     After  said  grade  has  been  established  l)y  the  flavor  and 
General   Council,  the   work  shall    be   done   in   conformity   therewith.  ^^'"'''■ 
Hereafter  no  change  shall  be  made  in  the  grade  of  any  street  or  alley,  jj^  chan-e. 
unless  the  same  shall  first  be  fixed  and  established  by  the  Mayor   and 
General  Council. 

Sec.  1010.     When  any  person  shall  api)ly  for  a  grade  under  Sec-  permanent 
tions  64,  65  and  6ii  of  the  Kevised  City  Code,  he  or   she    shall   place  fbufnedl""' 
with  the  City  Engineer  the  sum  of  two  dollars  as  a  deposit  to  secure  oct.  i,  i8s.3. 
costs — and  when  such  grade  of  such  applicant  is  made  and  established, 
he  or  she  shall  pay  the  further  sum  of  three  dollars  before  becoming 
entitled  to  such  grade. 

Sec.  1011.     The  C*itv  Engineer  shall  have  entire  charge  and  control 

.  .  „      ,,'  -T  1,  1  IT-  Inspect    public 

of  the  inspection  of  all  street,  sidewalk  and  sewer  work  and  improve-  worte  and  ap- 

.  point   his   own 

ments  in  the  city,  and  shall,  by  himself  or  competent  assistants  chosen  assistants. 
by  himself,  have  all  such  work  thoroughly  and  efficiently  inspected  as  Feb.  i7,  iS9i. 
the  same  progresses,  and  where  the  immediate  inspection  is  made  by 
assistants  appointed  by  him,  he  shall  himself  have  a  general  svipervis- 
iou  of  such  work  of  inspection,  and  is  charged  with  the  duty  of  seeing 
that  all  work  done  and  material  used  in  any  such  street,  sidewalk  and 
sewer  work  and  improvement,  is  strictly  in  accordance  with  the  specifi- 
cations for  the  same,  to  the  end  that  the  city  and  the  people  who  pay 
for  the  same  shall  be  fully  protected  against  inferior  work  and  ma- 
terial. 

Sec.  1012.     Should  the  City  Engineer,  at  any  time,  or  during  any 
stage  of  the  work,  or  after  completion  of  the  same,  and  before  the  pay-  ^^j^   ^g   ^gg^ 


ment  therefor,  ascertain  that  any  improper  work  has  been  done, 


or 


Reject    improp- 


material   and 

executed  according  to  the  specifications,  before  approving  the  bill  for  ^^^^^^  ^fs'  work 
the  same,  before  entire  and  final  payment  for  the  same  is  made.     But  finafeftimat"! 
said  Engineer  may  make  and  enfor-ce  reasonable  regulation  for  ap- 
proval, or  preliminarv  estimates  on  such  work,  as  the  same  progresses. 
Sec.  1013.     The  City  Engineer  shall  make  out    all   bills    against 
property  owners  for  curbing,  sidewalk  and  street  paving,  sewer  assess-  l\l^^^  °"'  '""^' 
ments,  etc.,  which  shall  be  numbered  consecutively  and  entered  by  him 
in  books  prepared  for  that  purpose,  which  he  shall  turn  over  to    the 
Comptroller,  and  the  bills  to  the  Street  Improvement  Collector    for 
collection,  and  the  amounts  of  same  shall  be  receipted  for  by  said  Col- 
lector to  the  Comptroller.     The  Collector  shall  receive  credit  for  col- 
lections on  above  accounts  and  the  Treasurer  charged  with  same  upon 
presentation  of  daily  receipts  from  Treasurer. 


266 


Part  III. — Ordinances. 


CHAPTER  XXX. 


COMMISSIONER  OF  PUBLIC  WORKS. 


Section. 

1014.  Control   execution   of  work. 

1015.  Rules  and  forms  devolved  upon   him. 

1016.  Shall  make  and  submit  estimates. 

1017.  Make    monthly    detailed    statement. 

1018.  Accounts— how  made  out  and   approved. 

1019.  Employes,    purchases,    etc. 

1020.  Subject   to   Mayor  and    General   Council. 

1021.  Authority    to    order    work    limited    and 
jurisdiction   of  Commissioner. 

1022.  Condemned  stock,   sale,  report,   etc. 

1023.  Keep   complaint   books. 


Section. 

1024.  Commissioner's   clerk. 
1025-1026.  Whole  time  required. 
1027.  Office^where   kept. 

1025.  Teams  to  be  tagged. 

1029T  Work  to  be   executed   in   order   of   pass- 
ing up. 

1030.  Mayor  may  suspend  order  in  emergency. 

1031.  Chain-gang — how    used    in    grading. 

1032.  Bills  to  go  to   Street   Improvement   Col- 
lector  for   collection. 


Controls  execu- 
tion of  work. 


May    change 
rules,    etc. 


.Jan.   4,  1SS6. 


Section  1014.  The  Commissioner  of  Public  Works  shall  have  full 
and  comjDlete  control  of  the  execution  of  all  work  of  every  kind  ordered 
from  time  to  time  by  the  Mayor  and  General  Council  on  the  streets, 
sidewalks,  curbing,  bridges,  culverts,  sewers  and  drains  of  the  city, 
except  the  insiDection  of  paving  streets  and  sidewalks  and  construc- 
tion of  sewers  let  out  by  contract,  which  is  the  duty  of  the  City  En- 
gineer; and  shall  have  like  control  of  the  city  stockade  and  grounds 
connected  with  the  same,  and  of  all  city  convicts  and  employes  con- 
nected with  the  departments  of  the  city's  service  relating  to  those  mat- 
ters. 

Sec  1015.  The  organization,  rules,  forms  and  methods  of  business 
lately  used  and  in  operation  under  the  Board  of  Commissioners  of 
Streets  and  Sewers  shall  be  devolved  on  and  may  be  continued  in  use 
by  said  Commissioner  of  Public  Works  in  the  transaction  of  his  busi- 
ness until  changed  by  him,  or  by  the  General  Council,  except  that  the 
Commissioner  shall  discharge  the  duties  formerly  devolved  on  the 
Superintendent  of  Streets,  which  latter,  as  a  separate  office,  is  hereby 
abolished.- 

Sec.  1016.  The  said  Commissioner  of  Public  Works  shall,  in  Jan- 
uary of  each  year,  make  up  and  present  to  the  Finance  Committee  of 
the  General  Council  an  estimate  of  the  amount  that  will  be  necessary 
for  all  work  on  the  streets  and  sewers,  and  other  work  and  expense  of 
his  department  for  the  year;  and  the  Mayor  and  General  Couneil 
shall,  at  the  time  the  other  apportionments  are  made,  set  apart  and 
apportion  to  said  street  and  sewer  work,  or  other  work  and  expense  in 
the  department  of  said  Commissioner  of  Public  Works,  such  amount 
or  amounts  as  may,  in  their  judgment,  be  necessary  and  proper  for 
the  year.  The  amounts  thus  apportioned  shall  be  paid  out  in  such  a 
manner  as  the  said  Mayor  and  General  Council  shall  provide,  ami 
such  reasonable  amount  as  may  be  necessary  may  be  advanced  before 
the  annual  apportionments  in  June,  as  other  apportionments  of  the 
city.     Said  Commissioner  shall,  in  funiisliing    the    estimates    al)ove 


Part  III. — Ordinances.  267 


mentioned,  specify  tlie  same  se])arately,  stating  how  much  will  be 
necessary  for  streets,  how  much  for  sewers  and  how  much  for  perma- 
nent improvements  or  other  particular  work  or  expense  in  his  depart- 
ment. 

Sec.  1017.     Said  Commissioner  shall,^  at  the  first  regular  meeting 
in  each  month,  furnish  to  the  Mayor  and  General  Council  a  detailed  meet[n/of"'^^* 
statement  of  work  in  progress  and  of  work  completed  in  his  depart-  Eacr^month's 
ment  during  the  past  month,  and  shall  in  said  report  carefully  show  piete/Tnd  in 
as  to  each  work  or  expenditure,  how  far  the  actual  expense  has  over-  p''"^'"^^^- 
gone  or  fallen  short,  as  the  case  may  be,  of  what  was  estimated  for 
it  when  the  work  was  ordered,  and  shall,  on  the  Saturday  before  each  reg- 
'  ular  meeting  of  said  Mayor  and  General  Council,  furnish  to  the  Clerk 
of  Council,  and  the  same  to  be  entered  on  the  minutes,  a  carefully  pre- 
pared statement,  showing  all  work  ordered  but  not  done  and  paid  for, 
so  as  to  exhibit  the  amount,  as  near  as  he  can  estimate,  of  liabilities  or 
expense  previously  incurred  by  vote  of  the  General  Council,  but  not  up 
to  that  time  appearing  in  the  expense  accounts  of  the  Clerk's  office,  in 
such  form  and  to  such  effect  as  that  the  Comptroller  may  be  enabled 
to  enter  and  deduct  the  same  under  appropriate  heads  in  the  financial 
statement  required  by  law  to  be  made  up  at  each  meeting    of    said 
body. 

Sec.  1018.  All  accounts  for  work  done  in  the  department  of  said 
Commissioner  to  be  paid  for  out  of  the  regular  annual  apportionment  ^^ake  out  ac- 
set  apart  by  the  Mayor  and  General  Council  for  such  work,  shall, 
before  they  are  paid,  be  made  out  as  other  accounts  against  the  city  are 
made,  be  approved  by  said  Commissioner,  if  found  correct,  and  ap- 
proved in  like  manner  by  the  Committee  on  Streets  and  Sewers,  as 
the  case  may  be,  and  delivered  to  the  Comptroller,  and  shall  then  take 
such  course  as  other  accounts  against  the  city ;  and  said  Commissioner 
shall  be  responsible  to  the  Mayor  and  General  Council  for  the  just  and 
economical  expenditure  of  the  public  funds  in  his  department. 

Sec.  1019.     And  said  Commissioner  of  Public  Works  shall  have  the  Appoint  and 
right  of  appointment  and  discharge  of  all  employes  in  his  department,  piojel'"^^  *""'' 
except  as  hereinafter  provided,  and  see  to  the  execution  of  all  con- 
tracts, and  see  to  the  correctness  of  all  dealings  with  said  City  of  At- 
lanta, and  on  behalf  of  said  city,  pertaining  to  his  department. 

Sec.  1020.     In  the  execution  of  his  office  and  discharge  of  all    the 
duties  thereof,  he  shall  be  subject  to  the  direction  and  control  of   the  Mayor \nd 
Mayor  and  General  Council,  and  to  such  orders,  regulations  and  ordi-  di""'^^  *^°""" 
nances  as  that  body  may  from  time  to  time  adopt  in  relation  to    the 
same. 

Sec.  1021.     The  said  Commissioner  of  Public  Works  shall   not   lie  . 
authorized  to  make  any  contract,  or  to  do  any  work  of  his  own  motion,  mole* tiian^$io» 
the  cost  of  which  would  exceed  one  hundred  dollars.     The  jurisdiction  uon!''  °''^  "°' 
of  the  said  Commissioner  of  Public  Works  shall  extend  to  and  embrace 


268  Part  III. — Ordinances. 


Takes  place  of  ^^^  ^^^^  powers  and  duties  exercised  by  the  Commissioners  of  Streets 

of"st?elts°"and  ^^'^^  Sewers  under  then  existing  laws,  except  in  so  far  as  they  may  be 

Sewers  except,  repealed  or  modified  by  the  Act  of  the  Legislature  creating  the  office 

of  Commissioner  of  Public  Works,  or  by  ordinances  of  the  city  now 

existing  or  hereafter  passed. 

Sec.  1022.     The  said  Commissioner  of  Public  Works   shall,   from 
time  to  time,  at  public  auction,  of  which  due  and  proper  publication 
fd^^stock'^^etc'.,  shall  be  made,  dispose  of  all  condemned  stock,  vehicles  and  appliances, 
reporTVn^wrr^  sud  old  and  uuused  material  in  his  department,  after  first  submitting 
'"^'  the  proposition  to  the  Mayor  and  General  Council  and  obtaining  their 

order  therefor,  and  shall  make  a  written  report  after  each  sale  so  made 
at  the  next  meeting  of  the  Mayor  and  General  Council,  giving  a  de- 
tailed statement  of  articles  sold  and  price  brought,  and  accompanying 
said  report  with  the  receipt  of  the  Tax  Collector  for  the  funds 
arising  therefrom;  and  the  city's  title  to  such  property  shall  not  be 
But  not  to  buy  diverted  in  any  other  manner  than  as  herein  provided.  It  shall  be 
at  suci  sae.  ^jj^j^^.f^j  f^j.  ^j-^g  g^[^  Commissioner,  either  directly  or  indirectly,  to 
be  a  purchaser  at  these  sales  of  any  such  property. 

Sec.  1023.     The  said  Commissioner  shall  keep  in  his  office  a  book 

to  be  known  as  "The  Complaint  Book,"  wherein  the  police,  sanitary 

Keep  a  com-     inspcctors,  or  any  citizen  may,  from  time  to  time,  make  entry  of  ob- 

plaint    book  ^  '  *'  •"  t  •  t 

and  examine     stacles  and  dcfects  lu  the  streets  and  sewers  needing  immediate  rein- 
ed therein.        edy ;  and  it  shall  be  the  duty  of  the  said  Commissioner  to  at  once  exam- 
ine into  the  same,  and  to  take  such  steps  as  he  may  be  authorized  by 
law  to  provide  a  remedy  for  the  same. 

Sec.  1024.     The  Finance  Committee  of  the  General  Council  shall 
^,   ,  ,    ^       be  and  are  hcrel^v  authorized  to  furnish  the  Commissioner  of  Public 

Clerk  to  Com- 

PuWiT  wo°ks    ^^^oi'^^s  with  such  clerical  help  as  may  be   necessary   to   discharge  the 
iTow  provided    clutics  in  couuectiou  with  his  office,  heretofore  discharged  by  the  Clerk 
Mar   11   1898    °^  ^^^^  Commissiouer  of  Public  Works.    The  compensation  of  such  help 
as  may  be  employed  to  be  paid  out  of  the  appropriation  for  streets  ordi- 
nary, and  not  to  exceed  $1,000.00  per  annum,  payable    in    monthly 
installments. 

Sec.  1025.     The  Clerk  of  the  Commissioner  of  Public  Works  shall 
His  clerk  sub-  perform  such  duties  as  shall  be  prescribed  by  said  Commissioner    of 
rection.  '"'  ''''  Public  Works,  and  shall  be  under  his  direction  and  control,  and  shall 
be  subject  to  suspension  or  removal  by  said  Commissioner. 

Sec.  102G.     The  said  Commissioner  of  Public  Works   and  his  cbTk 
Enpasp  in  no   shall  dcvotc  their  entire  time  to  the  interests  of  the  city,  and  shall 
have  or  engage  in  no  calling  or  business  other  than  the  duties  of   their 
respective  offices. 

Sec.  1027.     There  shall  be  assigned  to  said  Commissioner  by    the 
Office  to  be  as-  Committee  on  Public  Buildings  a  suitable  office  or  office-room  for  the 

siRncd  by  Com-  " 

mittee  on         transaction  of  the  business  of  his  department  as  the  interests  of   the 

Public   Build-  J- 

ings.  game  and  of  tlie  public  may  demand. 


Part  III. — Ordinances.  269 


Sec.  102S.     Whereas^  The  City    of    Atlanta    owns    and    operates 


Tags  to  be 
on  tea 
in   service 


teams,  either  single  or  double,  have  a  red  metal  tag  not  less  than  three  °^  ^'*y- 
inches  long  and  one  and  one-half  inches  "wide,  attached  in  the  follow-  ^p"^  ^'  ■'^^5- 
ing  manner:  Each  tag  to  be  stamped  "City  of  Atlanta."  Every  two- 
horse  or  fonr-horse  team  to  have  this  tag  attached  to  bridle  at  the  ear- 
band,  on  the  outside  of  each  animal;  single  draft  animals  to  have  it 
attached  in  similar  manner  on  each  side.  All  teams  that  are  hired  by 
the  city,  while  they  are  in  the  employ  of  the  city,  are  to  be  tagged  in  the 
same  manner.  Any  driver  of  teams  belonging  to  the  city,  or  of  teams 
in  the  employ  of  the  city,  who  does  not  comply  with  this  ordinance 
shall,  on  conviction  in  the  Recorder's  Court,  be  fined  not  exceeding 
fifty  dollars,  or  imprisonment  not  longer  than  thirty  days. 

Sec.  1029.     All  street,  sidewalk  and  sewer  work  shall  be  done  in  the  order  of  work 
order  in  which  the  same  was  passed  up  by  the  Mayor  and  General  ers  ^of  side-^^^^ 
Council,  all  work  passed  up  at  the  same  meeting  having  equal  rank,  ^^^ 
but  the  Mayor  and  General  Council  may  at  any  such  meeting  fix  the      '    ' 
order  in  which  work  passed  up  at  the  same  meeting  shall  be  executed. 

Sec.  1030.  The  order  fixed,  as  provided  for  in  the  preceding  section, 
for  the  execution  of  work,  shall  not  be  changed  or  varied,   except   by  change  order 
action  of  the  Mayor  and  General  Council ;  provided,  that  the  Mayor,  gency  subject 

IT  •  11  n  1  c  to    concurrence 

m  an  emergency,  shall  have  the  discretion  to  change  the  order  oi  any  of  council  at 
such  work;  but  such  change,  when  authorized  by  the  Mayor,  shall  be 
reported  by  him  to  the  next  meeting  of  the  ]\Iayor  and  General  Coun- 
cil, and  shall  not  longer  prevail,  unless  such  change  be  then  and  there 
concurred  in  by  the  Mayor  and  General  Council. 

Sec.  1031.     The  Commissioner  of  Public  Works  shall  onlv   have  c'hai"^^ane  to 

be  used  in 

the  force  of  hands,  known  as  the  chaingang,  used  for  the  purpose    of  f ^^ei-^^the"'^ 
grading  streets  and  sidewalks  where  the  Mayor  and  General  Council  General*  Coun- 
orders  and  passes  up  the  work  during  the  current  year,  and  when  not  u^der'^the  dl^ 
engaged  on  such  work  such  force  shall  be  used  by  said  Commissioner  jiavoTand 
under  the  direction  of  the  Mayor  and  Street  Committee.  mlttee  ^°™ 

Sec.  1032.  The  Commissioner  of  Public  Works  shall  make  out  all 
bills  for  sewer  entrance  fees,  removing  and  replacing  permanent  street 
improvements,  where  water,  gas  or  sewer  pipes  are  laicl  by  citizens,  and 
other  work  of  like  character,  and  enter  the  same  in  the  books  properly 
prepared  for  the  purpose,  and  turn  over  the  same  to  the  Street  Im- 
provement Collector,  and  the  said  bills  shall  be  collected  in  conformity 
with  the  coupon  system.  All  bills  not  promptly  paid  shall  have  execu- 
tions prepared  for  same  by  the  Street  Improvement  Collector,  and 
issued  by  the  City  Clerk.  The  Commissioner  of  Public  Works  and 
Street  Improvement  Collector  shall  each  make  monthly  reports  of  all 
uch  bills  to  the  Comptroller. 


270 


Part  III. — Ordinances. 


CHAPTER  XXXI. 


STREETS  AXD  ALLEYl 


Section. 

10o3.  Petitions  signed  in  ink. 
1034.  Power  to  grade,   pave,   etc. 
103-5.  Owners  pay  for  sidewalks. 

1036.  Owners  of  one-half  frontage  must  pe- 
tition. 

1037.  Assessments  equalized  or  fixed  br  ordi- 
nance. 

1038.  Lien  on  property  from  passage  of 
ordinance. 

1039.  Collection  of  assessment. 

1040.  Accounts  kept  by  Commissioner  Public 
Works. 

1041.  Accounts— how    audited. 

1042.  Sidewalks— width    of. 
1043-1044.  Sidewalks   in   Inman    Park. 

1045.  Snow  on  sidewalks. 

1046.  Penalty. 

1047-1048-1049.  Encroachment    on    sidewalks. 

1050.  Sidewalks— how   put   down. 

1051.  City  to  put  down  if  owner  refuses  or 
fails. 

1052.  Sidewalk  material. 

1053.  Expense   of   laying   sidewalks. 

1054.  Assessments — alleys. 

10.55.  Dangerous  places  in  streets   fixed. 

1056.  Nails,  glass,  etc.,  not  to  be  thrown  on 
streets. 

1057.  Penalty. 

1058.  Owners    to   keep   sidewalks. 

1059.  Keep   clean. 

1060.  Penalty. 

1061.  Gratings,    widtk    of,    on    sidewalks 

1062.  Obstructions. 

1063.  Engineer    to    remove    iences,    trees,    etc. 

1064.  Barbed  wire  fence  prohibited  next  to 
sidewalks. 

1066.  Use   of   streets   in   building. 

1067.  Persons  occupying  stores,  shops,  stalls 
or  other  places  of  business  shall  not 
obstruct    the    sidewalk. 

1068.  Sidewalk— merchants  may  use  two 
feet  to  display  goods. 

1069.  Riding  and  driving. 

1070.  Driving  over  bridges  faster  than  a  walk 
prohibited. 

1071.  Vehicles  prohibited  from  driving  over 
iron   plates    at    crossings. 

1072.  Vehicles  not  allowed  to  stand  on  street 
without  team  attached  or  in  charge  of 
some  person. 

1073.  Bicycle  whistles,  like  those  used  by 
policemen,   not   allowed. 

1074.  Bicycle   riders  use  bells. 

1075.  Penalty. 

1076.  Digging  gravel,    etc.,    out   of  street. 

1077.  Auctioneers   not   to    obstruct   street. 

1078.  Bids    opened    in    Council. 

1079.  Certified    checks    accompany    bids. 

1080.  Curbing  turned  at  corners. 

1081.  Owners   pay    for   curbing. 

1082.  Street   committee   reports. 


1034 
10S5, 
1086. 


1094. 
1095. 
1096. 


1099 
1100, 
1101 
1102, 
1103. 
1104, 
1105, 
1106, 


1109- 
1111, 
1112. 
1113. 
1114. 

1115. 
1116. 
1117. 
1118. 
1119. 
1120. 
1121. 
1122. 

1123. 
1124. 
1125. 

1126. 
1127. 
1128. 
1129. 
1130. 
1131. 
1132. 
1133. 
1134. 
1135. 
1136. 
1137. 
1138. 
1139. 
1140. 


.  When    made    and    when    acted    on. 
.  Need  not  advertise  for  bids. 

Awnings. 
.  Horses  not  fastened  to  trees,   posts,   etc. 
.  Liquids   not   thrown   on   streets. 
.  Dirt    wagons    regulated. 
.  Sweepings. 

-1091.  Garbage — how     placed— box     or    re- 
ceptacle. 
.  Dangerous  lots. 
.  Auction  sales,   not   on   streets. 
.  Medicines  not  sold  on  streets. 
.  Penalty. 

Vicious  animals. 

Owners   trim   trees. 

File  plats  of  property  sold. 

Telegraph,    etc.,    poles   painted. 

Electric  Board— poles,    etc. 

Removal  of  defective   poles. 

Electric    wires. 

Change  of  wires. 

Penalty. 

Fire  department  may  cut  wires. 

Wires   must   be   at    least   24    feet    high- 
penalty. 

City  not  liable. 

Injuring  street  name  boards. 
1110.  Street    sprinkling. 

Setting  poles   in   street. 

Telegraph,   etc.,    poles  on  sidewalks. 

Penalty. 

Paving    between    tracks    replaced     with 

granite  blocks. 

System   of   house   numbering. 

How  numbers   obtained. 

Direction   of   Engineer. 

Owner's   privilege. 

Penalty. 

Details  of  numbering. 

Marietta  street  widened. 

Change   of  street   names— Pierce   to   De- 
catur,   etc. 

Whitehall   changed. 

Pryor  street. 

Alleys     made     streets — Jones     alley     to 

Jones  street,   etc. 

Bartow   street,    etc. 

Width  of  new  streets. 

Race  Track  to  Chapel,   etc. 

Peachtree   street,    etc. 

West   Peachtree  street. 

Waverly   Place. 

Capitol  avenue. 

Magnolia   street. 

Milledge   street. 

Berrien   street. 

Exchange  Place,  etc. 

Hammock  street,   etc. 

Earl   street. 

DeRoy  street. 

Linden   street. 


Part  III. — Ordinances. 


271 


Section. 

1141.  Garnett   street   extended. 

1142.  Capitol    Square. 

1143.  Hill  street. 

1144.  Georgia   avenue. 

1145.  Woodward    avenue. 

1146.  Sunset   avenue. 

1147.  L3'on  avenue. 

1148.  Drake  street,   etc. 
114'J.  Hemphill   avenue. 

1150.  Porter   Place. 

1151.  Gaskill  street. 

1152.  Auburn  avenue. 

1153.  Madison  street. 

1154.  Kingsley  street. 

1155.  Battle  Hill  avenue. 

1156.  Piedmont  avenue. 

1157.  Whitehall    Place. 

1158.  Evans  street. 

1159.  Murphy   avenue. 

1160.  Cherokee  avenue. 

1161.  Railroad  avenue  to   Whitehall  street. 

1162.  Glenwood  avenue. 

1163.  Armstrong   street. 

1164.  Central    Place. 

1165.  Painting,    etc.    on   sidewalks. 


Section. 

1166.  East  avenue. 

1167.  Trinity    avenue. 

1168.  Ponce  de  Leon  avenue  walks. 

1169.  Bond  in  case  of  excavations. 

1170.  Holes  through  curb   for  pipes. 
1171-1175.  Connections  with  vyatermains. 

1176.  Notify    Chief    fire    department. 

1177.  Penalty. 

1178  to  1189.  Venable  paving  contract. 
1190-1191.  Sprinkling   asphalt    paving. 

1192.  Encroachment   upon   sidewalk. 

1193.  Penalty. 

1194.  Vehicles  not  in  use  not  allowed  on 
streets. 

1195.  Bootblacks. 
1196-1200.  Bicycling. 
1201-1202.  Roller  skates. 
1203.  Grade   of  Park  street. 

1204-1206.  Exchange  with  Southern  Railway 
of  parts  of  Markham  and  Elliott  streets. 

1207.  Building  material  not  to  occupy  both 
sides  of  street. 

1208-1210.  Grading    private    property— when. 

1211.  Grade  of  part  of  Marietta  street. 

1212.  New  sand  to  be  used  in  repairing. 


Section  1033.     All  petitions    for   street   improvements    must    be  pg^j^j^^  f^^ 
signed  in  ink  b}^  the  owners  of  the  property  signed  for,  or  their  duly  ^^eet  improve- 
authorized  agent,  and  all  ordinances  for  street  improvement  must   be  ^^rch  22,  1893. 
approved  as  to  their  form  and  sufficiency  of  property  signed  for,  by 
the  City  Attorney  before  being  considered  by  the  General  Council. 

Sec.  1034.     The  Mayor  and  General  Council  of  the  City  of  Atlanta  p^^^,^^  ^^  j^iay. 
shall  have  full  power  and  authority  in  their  discretion  to  grade,  pave,  °[j  to*^gSde" 
macadamize  and  otherwise  improve  for  travel  and  drainage  of    the  g^reets'!'^'' 
streets  and  public  lanes  and  alleys  of  said  city,  and  to  construct  side- 
walks and  pave  the  same ;  to  put  down  curbing,  cross-drains,  crossings 
and  otherwise  improve  the  same. 

Sec.  1035.     In  order  to  fully  carry  into  effect  the  authority  above  p^^^^^j.  ^^  ^g. 
delegated,  said  Mayor  and  General  Council  shall  have  full  power  and  g^g^j^g^®*^  o^^r 
authority  to  assess  the  cost  of  paving  and  otherwise  improving  the  side-  °*  porperty. 
walks,  including  all  necessary  curbing  for  the  same,  on  the  real  estate 
abutting  on  the  street,  and  on  the  side  of  the  street  on  which  the  side- 
walk is  so  improved. 

Sec.  1036.     Said  Mayor  and  General  Council  shall  also  have   full 
power  and  authority  to  assess  one-third  of  the  cost  of  grading,  paving,  tainin"  juris- 
macadamizing,  constructing   side-drains,    cross-drains,   crossings  and 
otherwise  improving  the  roadway  or  street  proper  on  the  real  estate 
abutting  on  each  side  of  the  street  improved;  provided,  that  before  any 
street,  or  a  portion  of  a  street,  shall  be  so  improved,  the  persons  owning  petition  of 
real  estate  which  has  at  least  one-half  of  the  fronting  of  the  street,  or  fr™tage°  of ^ 
portion  of  a  street,  the  improvement  of  which  is  desired,  shall,  in  writ-  erty"*"^  ^^'^^' 
ing,  request  the  Mayor  and  General  Council  to  make  such  improve- 
ments, and  the  Commissioner  of  Public  Works  and  City  Engineer  shall 


272 


Part  III. — Ordixaxces. 


Assessment 
shall  be  by  or 
dinanee,    and 
discretionary. 


have  approved  the  same,  and  shall  forward  the  same,  with  their  ap- 
proval, to  tJie  Mayor  and  General  Council  with  a  statement  of  the 
character  of  the  improvement  proposed  to  be  made,  and  an  estimate 
of  the  cost  of  the  same,  and  said  Mayor  and  General  Council  shall,  by 
ordinance,  direct  the  said  work  to  be  done,  after  advertising  the  fact 
of  the  tiling  of  the  petition  and  the  time  and  place  of  its  consideration, 
and  action  thereon;  provided,  that  the  law  authorizing  the  assessment 
on  the  abutting  property  owners  of  the  whole  cost  of  paving  sidewalks 
(including  cost  of  curbing)  is  in  no  way  affected    hereby. 

Sec.  1037.  Said  Mayor  and  General  Council  shall  have  full  power 
and  authority  to  adopt,  by  ordinance,  such  a  system  of  equalizing 
.  assessments  on  real  estate,  for  the  above  purposes,  as  may  be  just  and 
proper,  estimating  the  total  cost  of  each  improvement  made,  and  pro- 
rating the  cost  thereof  on  the  real  estate,  according  to  its  frontage  on 
the  street  or  portion  of  a  street  so  improved.  It  shall  be  wholly  dis- 
cretionary with  the  Mayor  and  General  Council,  whether  any  work 
asked  for  is  desirable  or  necessary,  and  shall  be  done  or  not ;  and  no 
application  shall  be  received,  and  no  work  done  for  less  than  an  entire 
block;  provided,  that  the  owners  of  not  less  than  one-half  of  the  front- 
age on  a  block  shall  not,  l^y  a  failure  to  apply  for  work,  or  by  oljjection 
thereto,  defeat  an  application  of  the  owners  of  one-half  of  the  frontage 
of  more  than  a  block,  when  such  application  shall  have  been  regularly 
made. 

Sec.  1038.  The  amount  of  assessment  on  each  piece  of  real  estate 
shall  be  a  lien  on  said  real  estate  from  the  date  of  the  passage  of  the 
ordinance  providing  for  the  work  and  making  the  assessment. 

Sec.  1039.  The  Mayor  and  General  Council  of  said  city  shall  have 
authority  to  enforce  the  collection  of  the  amount  of  any  assessment  so 
made,  for  work  cither  upon  streets  or  sidewalks,  by  execution,  to  be 
issued  by  the  Clerk  of  Council  against  the  real  estate  so  assessed,  and 
against  the  owner  thereof,  at  the  date  of  the  ordinance  making  the 
assessment,  which  execution  may  be  levied  by  the  Marshal  of  said  city 
on  such  real  estate ;  and  after  advertisement  and  other  proceedings  as 
in  cases  of  sales  for  city  taxes,  the  same  may  be  sold  at  public  outcry 
to  the  highest  bidder,  and  such  sale  shall  vest  in  the  purchaser  title,  as 
in  case  of  tax  sales ;  provided,  that  the  defendant  shall  have  the  right 
to  file  an  atiidavit  denying  that  the  whole,  or  any  part  of  the  amount 
for  which  the  execution  issued  is  due,  and  stating  what  amount  he 
admits  to  be  due,  which  amount  so  admitted  to  be  due  shall  be  paid  or 
collected  before  the  affidavit  is  received,  and  the  affidavit  received  for 
the  balance,  and  all  such  affidavits  so  received  shall  be  returned  to  the 
Superior  Court  of  Fulton  county,  and  there  tried,  and  the  issue 
returned  as  in  cases  of  illegality,  subject  to  all  the  pains  and  penalties 
provided  in  cases  of  illegality  for  delay. 

Sec.  1040.     The  Commissioner  of  Public  Works  is  required  to  keep 


Lien   of  assess- 
ment. 


Collection  of 
assessment — 
defence. 


Part  III. — Ordinances.  273 


an  ac'c-urale  account  of  tlic  nioncy  expended  on  the  ditl'erent  iippi"*'!*'"'^^' Commission- 
tions  which  may  he  made   lor  aiiv  sti'eets  and  sewers  eacli  year,  ^iitl  tvo^L'^to'keep 
sju'cify  tlie  same  on  each  weekly  pay  roll,  with  the  name  of  the  street  ^^'^'J^^^g^^pj^'g^. 
or  sewer,  and  tliat  they  he  re(|uired  to  stop  the  work  when  the  amount  Ppg^'lj^^'^pp^.^J". 
a])i)roii]-iated  for  any  street  or  sewer  is  exliausted,  and  communicate  p"***^'""^'  *^'^*^- 
the  same  to  the  :\rayor  and  General  Council.  ^p-""  -'^'  i^^^. 

8ec.  1041.  All  accounts  for  work  done  on  streets  and  sewers  and 
to  be  paid  out  of  the  regular  annual  appropriations,  set  apart  and  i^ow^'iwui.'''' 
a])pr()priated  by  the  Mayor  and  General  Council  for  such  work,  shall, 
before  they  are  paid,  be  made  out  as  other  accounts  against  the  city 
are  )nade  out,  be  approved  by  ihe  Commissioner  of  Public  Works,  and 
shall  then  be  approved  by  the  Committee  on  Streets  or  Sewers,  and 
shall  then  take  such  course  as  other  accounts  against  the  city.  Ac- 
counts created  under  the  supervision  of  the  Engineer  shall  have  his 
approval. 

Sec.  1042.     All  sidewalks  for  pedestrians  in  the  city  hereafter  con- 
structed shall  be  of  the  following  widths:     On  streets  sixty  feet  wide  width  of.' 
the  sidewalks  shall  Ije  ten'  feet  in  width ;  on  streets  fifty  feet  wide  the  Feb.  7,  issi. 
sidewalks  shall  be  nine  feet;  on  streets  forty  feet,  sidewalks  shall   be 
eight  feet,  and  on  streets  thirty  feet  wide  sidewalks  shall  be  six  feet  in 
width.     All  sidewalks  shall  be  laid  full  width,  except  where  the  side- 
walk is  ten  feet  wide  and  parties  wish  to  put  down  expensive  sidewalks  }^''''*^';' °^  s^an- 
of  granite  or  other  material,  where  the  walk  may  be  reduced  to  seven 
and  a  half  feet  wide,  and  the  parties  be  then  required  to  sod  the  bor- 
der and  keep  it  in  good  condition  so  that  it  will  not  wash,  it  being 
understood  this  in  no  case  is  to  apply  to  the  law  as  it  now  stands  in 
regard  to  the  laying  of  brick  sidewalks.     Sidewalks  laid  with  brick 
shall  Ije  laid  full  width  from  property  line  to  curbstone,  except  a  space 
cf  twelve  by  twenty-four  inches  around  shade  trees. 

Sec.  1043.  Hereafter  all  sidew^ilks  in  Inman  Park,  when  ordered 
to  be  paved  by  the  Mayor  and  General  Council  by  resolution,  shall  be  fnm^'^Park" 
paved  from  the  property  lines  out,  as  follows :  On  sidewalks  eleven 
feet  wide  and  above  the  paving  shall  be  seven  feet  wide;  on  sidewalks 
under  eleven  feet  wide  and  above  eight  feet  wide  shall  be  paved  six 
feet  wide;  on  sidewalks  under  eight  feet  wide  the  entire  width  shall 
be  paved;  provided,  such  walks  shall  be  laid  with  cement  tiles. 

Sec.  1044.  The  space  between  the  paving  and  the  curbstones  on 
all  sidewalks  ordered  paved  by  the  Mayor  and  General  Council  in  In-  ^  '  ' 
man  Park  shall  be  kept  neatly  sodded  in  blue  grass  by  the  abutting 
property  owners,  or  the  agent  in  charge  of  said  property,  the  same  to 
be  kept  properly  trimmed ;  and  upon  the  failure  of  any  property  owner 
to  keep  said  space  properly  sodded  and  grassed,  the  entire  sidewalk  in 
front  of  said  property  shall  bo  paved  at  expense  of  said  property 
owner. 

Sec.  104.").     When  there  is  a  fall  of  snow  sufficient  to  cover  the  side- 

{18) 


274 


Part  III. — Ordinaxces. 


•Snow  on  side-  "^^'^^^^  in  the  Citv  of  Atlanta,  it  shall  be  the  duty  of  all  occupants  of 
-walks.  houses  fronting  on  said  sidewalks  to  have  the  said  snow  cleaned  off  of 

said  sidewalks  in  front  of  their  houses  within  twelve  hours  after  the 
snow  ceases  to  fall. 

Sec.  1046.  Any  person  failing  to  comply  with  the  provisions  of 
Feb.  25,  1893.  ^liis  Ordinance  shall  pay  a  fine  of  not  less  than  three  nor  more  than 
five  dollars,  upon  conviction  in  the  Eecorder's  Court.  It  shall  be  the 
duty  of  the  Chief  of  Police  to  see  that  the  requirements  of  this  ordi- 
nance are  carried  out. 

Sec.  1047.  Xo  encroachment  on  the  sidewalks  or  streets  of  said 
on'^'^srde\^^iks.  city,  in  the  erection  of  buildings,  for  area  walls  or  otherwise,  shall  be 
permitted,  unless  special  authority  therefor  is  expressly  granted  on 
petition  setting  forth  the  encroachment  desired,  with  the  reason  there- 
for. 

Sec.  1048.  The  owner  of  the  ground  adjoining  any  sidewalk  or 
street  where  an  encroachment  is  made  in  violation  of  the  first  section 
of  this  ordinance,  and  the  architect  and  contractor  who  cause  such 
encroachment  to  be  made,  shall  each  of  them  be  suljject  to  a  fine  of  not 
less  than  twenty-five  ($25.00)  dollars,  nor  more  than  five  hundred 
($500.00)  dollars,  or  to  imprisonment  for  not  exceeding  thirty  (30) 
days,  one  or  both,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1049.  Should  such  encroachment  be  made  as  is  prohibited  in 
the  first  section  of  this  ordinance,  the  obstruction  shall  be  removed, 
and  the  street  or  sidewalk  be  put  in  the  condition  that  it  was  thereto- 
fore, by  the  City  Marshal  at  the  expense  of  the  owner  of  the  adjoining 
ground,  should  such  owner  fail  to  remove  the  obstruction  and  place 
the  street  or  sidewalk  in  its  former  condition  on  ten  days"  written 
notice  from  the  City  Engineer  so  to  do. 

Sec.  1050.  It  shall  be  the  duty  of  persons  owning  lots  fronting  on 
Sidewalks,  how  strccts.  Or  property  abutting  on  private  alleys,  in  said  city,  upon  notice 
put  down'.  ^^  ^Yie  Commissioner  of  Public  Works,  to  put  down  in  front  of  their 
property,  upon  the  grade  given  them  by  the  said  Commissioner  and  in 
accordance  with  his  direction,  and  in  such  manner  as  to  receive  his 
approval,  good  and  substantial  curbing  and  sidewalks  of  such  char- 
acter and  material  as  the  General  Council  shall,  by  resolution,  ]u-e- 
scribe.  They  shall  keep  the  same  in  good  repair,  whether  put  down 
by  themselves  or  by  the  city ;  and  if  they  should  fail  to  do  so  after  ten 
days'  notice,  the  said  Commissioner  shall  have  such  repairs  done  at 
the  expense  of  the  lot  owner,  and  collect  for  such  repairs  as  is  herein- 
after provided,  in  cases  where  lot  owners  rt'fuse  or  fail  to  put  down 
sidewalks  after  notice;  provided,  tliat  should  said  sidowalks  lie  in  ;i 
condition  dangerous  to  passers-by  that  ten  days'  notice  sh.-ill  not  lu' 
necessary,  but  the  said  Commissioner  may  have  such  re])aii-s  done  at 
once,  and  collect  therefoi-  in  the  same  manner  a?  though  sueli  ten  ihiys" 
notice  had  been  given. 


Part  III. — Ordinances. 


Sec.  1051.     If  any  property  owner,  who  shall  he    notified   as    pro- ^..^^  ^^  ^^^ 
vided  ill  the  preceding  section,  and  shall  fail  within  thirty  days  ^o  f^^^J[^^';^^^l 
conii)]y  therewith,  the  city  shall  have  such  curbing  and  sidewalks  put 
down  at  such  property  owner's  expense.     In  all  such  cases  the  City 
Engineer  shall  have  a  bill  for  the  cost  of  such  work  and  material  pre- 
sented to  the  property  owner,  and  if  the  same  is  not  paid  within  ten 
days  the  said  Engineer  shall  deliver  the  bill  to  the  Collector  of  Street 
Iin])rovements,  who  shall  prepare  an  execution  for  the  amount  of  such  Execution  for 
bill  against  the  property  owner  or  owners,  and  against  his,  her  or  their  *^°^*- 
lands,  goods  or  chattels.     Such  execution  shall  be  delivered  to    the 
Marshal,  who  shall  proceed  to  collect  the  same  by  levy  and  sale,  as  by 
law  provided  in  cases  of  tax  executions.     The  fees  of  the  Clerk  andpees  of  cierk 
Marshal  shall  be  the  same  as  in  tax  executions,  and  shall  be  collected  """"^  Marshal, 
and  covered  into  the  Treasury  through  the  Tax  Collector. 

Sec.  1053.  All  sidewalks,  which  may  hereafter  be  laid  within  the 
city  limits,  shall  be  constructed  of  either  of  the  following  materials :  sidewalk  mate- 
Stone,  of  not  less  dimensions  than  two  feet  by  ten  feet,  asphalt,  cement,  " 
cement  blocks,  Augusta,  Macon,  or  river,  or  other  first-class  hard  brick, 
in  such  manner  as  is  prescribed  in  Section  6-17  of  the  Code  of  the  City 
of  Atlanta  for  1883 ;  provided,  that  all  new  sidewalks,  which  may  be 
hereafter  laid  within  the  limits  hereinafter  indicated,  shall  be  laid  of  May  24,  is95. 
stone  of  not  less  dimensions  than  two  by  ten  feet,  or  the  width  of  the 
sidewalk,  the  limits  herein  prescribed  being  as  follows :  Whitehall 
street,  from  Trinity  avenue  to  the  railroad;  Alabama  street,  from 
Loyd  to  Forsyth  street ;  Pryor  street,  from  Hunter  to  Auburn  avenue ; 
Loyd  street,  from  Hunter  to  Decatur  street ;  Broad  street,  from  West 
Mitchell  to  Peaehtree  street;  Peachtree  street,  from  railroad  to  Ellis 
street;  Decatur  street,  from  Peachtree  to  Loyd  street;  Marietta  street, 
from  Peachtree  to  Forsyth  street ;  Hunter  street,  from  Pryor  to  Loyd 
street ;  Wall  street,  from  Loyd  to  Peachtree  street. 

Sec.  1053.     The  whole  expense  of  setting  curbing  and  laying  side- 
walks shall  be  assessed  against  and  collected  from  the  property  abut-  ^dewaiks^how 
ting  on  the  streets  where  sidewalks  are  laid,  and  the  owners  of   suchP*^'*^  ^°''- 
abutting  lots. 

Sec.  1054.     In  all  cases  where  private  alleys,  which  intersect  with 
sidewalks,  form  the  dividing  line  between  adjoining    lots,    that    the  fidSksf "itw 
assessment  for  curbing  and  sidewalks  at  the  point  where  the  alley  inter-  Lyr^*^  ''"  '''' 
sects  with  the  sidewalk,  shall  be  divided  between  the  lots  on  each. side  Sept.  17.  1395. 
of  such  alley,  treating  the  private  alley  as  belonging  equally  to  the  two 
adjoining  lots.     Private  alleys  belonging  to  only  one  of  the  adjoining 
lots  shall  be  treated  as  part  of  that  lot  in  making  the  assessment   for 
curbing  and  sidewalk. 

Sec.  1055.     The  Commissioner  of  Public   Works    shall    keep    em- 
ployed a  suitable  man,  and  have  under  him  a  sufficient  force  of  men,  pfa"^^""""^ 
whose  sole  and  exclusive  duty  shall  l)e  to  repair  dangerous  places   on  Feb-'^V 


laces    in 
street     fixed. 


276 


Part  III. — Ordinances. 


the  streets,  sidewalks  and  bridges  of  the  city,  and  any  ph^ce  of  the  kind 
coming  to  their  knowledge  shall  be  fixed  at  once. 

Sec.  105().     It  shall  be  unlawful  for  any  ^lerson  or  persons  to  place 

pi°acmrioose     ^'^  the  streets  or  sidewalks  in  the  City  of  Atlanta  any  loose  nails,  tacks, 

streets  ^or'  sid"-  spikes,  broken  glass  or  any  similar  substance  or  thing  which  would  be 

Au^^'^^'is,  1897.   likely  to  injure  the  feet  of  persons  or  animals  or  cut  or  puncture  tires 

of  bicycles  or  other  vehicles. 

Sec.  1057.  The  violation  of  the  preceding  section  of  this  ordinance 
shall  subject  the  offender,  upon  conviction  thereof  in  the  Eecorder' 
Court,  to  a  fine  not  exceeding  one  hundred  dollars,  or  imprisonment 
not  exceeding  thirty  days,  either  or  both  of  these  punishments,  in  the 
discretion  of  the  court. 

Sec.  1058.     It  shall  be  the  duty  of  all  owners  of  property  in  the  city,] 


Penalty. 


sidewalks  in 
good     repair. 


Keep   clean. 


Penalty. 


Gratings- 
width    of,     on 
sidewalks. 


Obstructions. 

March  15,   1872 


in  good  repair,  and  to  do  such  repairing  and  other  work  as  may  bej 
necessary  to  keep  the  same  in  good,  smooth  condition. 

Sec.  1059.  It  shall  be  the  duty  of  all  occupants  of  improved  prop-j 
erty  and  owners  of  vacant  property,  in  front  of  which  the  sidewalks] 
tiave  been  paved,  to  keep  such  sidewalks  clean,  and  to  do  such  sweep- 
ing and  scraping  as  may  be  necessary  to  remove  clay,  dirt  and  trashi 
therefrom,  and  to  render  the  same  passable,  comfortable  and  sightly. 

Sec.  lOGO.  Any  person  failing  to  comply  with  the  conditions  of  the! 
foregoing  ordinance  shall  be  reported  by  the  police  force,  and  may  be] 
summoned  to  appear  before  the  Eecorder's  Court,  or  may  be  arrested) 
by  any  officer  or  member  of  the  police  force  and  taken  before  saidj 
court,  and  such  person  may,  on  conviction,  be  fined  in  a  sum  not  ex-j 
ceeding  one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirt'v 
days,  either  or  both,  in  the  discretion  of  the  court,  for  each  offense. 

Sec.  1061.  No  person,  in  building  upon  any  of  the  business  streets! 
of  the  city,  shall  occupy  more  than  two  feet  of  the  sidewalk  for  area,] 
grating  and  lights,  without  special  permission  of.the  Mayor  and  Gen- 
eral Council. 

Sec.  10G2.  Xo  person  shall  place  any  trash,  lumber,  wood,  ghiss, 
or  other  obstructions,  in  any  public  street,  lane,  alley  or  way  in  said] 
city,  or  on  any  sidewalk.  Any  person  who  shall  place  any  obstruction,] 
as  aforesaid,  in  any  street,  lane,  alley  or  way,  or  on  any  sidewalk,  fail- 
ing or  refusing  to  remove  the  same  within  six  hours  after  being  noti-^ 
fied'by  the  Chief,  or  any  member  of  the  police  force,  or.  having] 
removed  the  said  obstructions,- shall  replace  the  same  or  siniiln 
structions,  shall,  on  conviction,  be  fined  not  exceeding  one  liundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  in  the  discretion  of 
the  Recorder's  Court. 

Sec.  1063.     When  any  street  or  sidewalk  in  the  city  is  being  paved 


Sidewalks — 

tt'brremove°d  Or  graded,  the  City  Engineer  shall  have  authority  to  have  any  obstnic- 
gineer,*^when.    tio^s  uiovcd,  such  as  fcuccs,  that  are  over  the  snrveyed  line  on  tlie  side- 


Part  III.— Ordixaxces.  277 


\\-alks,  and  trues  that  are  too  far  from  the  curh  on  the  sidewalk,    that  April  20,  i885. 
obstruct  tlie  free  and  oi)en  passage-way  of  saitl  sidewalk. 

Sec.  lOtU.     It  shall  Ix'  unlawful  for  any  person  to  erect,  build   or 
maintain  any  l)arbed  wire  fence  alony  the  margin  of  any  lot  facing  or  fences  ne.xt^to 
bordering  on  any  pul)lie  street  iu  tlie  City  of  Atlanta,  or  any    other  hitltcd.''^  ^^°' 
character  of  fence  that  would  endanger  the  clothing  of  passers-by,  jan.  22,  isoe. 
along  the  sidewalks  of  the  city,  unless  such  fence  be  amply  protected 
by  a  barrier,  or  unless  such  fence  be  placed  not  less  than  three  feet 
from  the  inside  margin  of  the  sidewalks  of  such  street.     Any  owner 
of  any  lot  that  shall  hereafter  maintain  or  erect  such  fence  shall  be 
})unished  with  a  fine  of  not  less  than  ten  and  not  more  than  one  hun- 
dred dollars;  and  the  Chief  of  Police  of  this  city  shall,  upon  request  of 
any  citizen,  give  notice  to  the  owner  or  tenant  of  the  property  where 
such  fence  may  be,  and  unless  the  same  is  removed  within  three  days 
after  such  notice,  the  said  owner  or  tenant,  or  both,  shall  l)e,  by   the 
])olice  of  the  city,  arraigned  before  the  Recorder  for  violation  of   this 
ordinance. 

Sec.  lOGG.  Any  person  or  persons  actually  building,  or  about  to 
l)uild  or  .repair  any  building,  may  collect  and  lay  all  such  materials  ^s  J-^se^ofj^sireets 
may  be  necessary  for  such  building  or  repairs  in  the  street,  lane  or 
alley  next  adjoining  to  or  in  front  of,  such  building  or  repairs,  and 
such  person  or  persons  so  building  or  repairing  shall  have  the  privilege 
of  using  one-half  of  the  sidewalk  and  one-half  of  the  width  of  the 
street  adjoining,  or  in  front  of  said  building  or  repairs;  provided,  that 
no  person  so  building  or  repairing  shall  interfere  with  the  running  of 
the  cars  upon  any  street  railroad;  and,  jjroinded  further,  that  such 
]-erson  or  persons  shall  keep  any  excavation  securely  covered,  and  keep 
one-half  the  sidewalk  open  and  in  good  passable  condition.  During 
all  such  time  as  such  materials  shall  so  lie  in  any  street,  lane  or  alley, 
the  owner  or  proprietor  of  such  materials  shall  cause  a  lamp  or  lan- 
tern, with  a  good  and  sufficient  light  therein,  to  be  securely  hung  up. 
placed  or  fixed  on  a  post,  or  otherwise,  at  each  of  the  two  corners  of 
such  inclosure,  projecting  into  the  said  street,  lane  or  alley,  and  in 
such  manner  as  clearly  and  plainly  to  show  the  place  and  extent  occu- 
pied by  such  materials.  The  said  lamp  or  lantern  shall  be  lighted  by 
said  owner  or  proprietor  at  or  before  dark  in  the  evening,  in  such  man- 
ner as  to  reasonably  suppose  it  shall  continue  to  burn  until  daylight. 
The  use  of  one-half  of  the  sidewalk  and  one-half  of  the  street  shall 
only  be  allowed  twenty  days  before  a  building  is  actually  commenced, 
and  ten  days  after  its  completion.  Any  one  violating  the  provisions  of 
this  section  shall,  upon  conviction  in  the  Recorder's  Court,  be  fined  ^'^"'*  ^'^^ 
not  exceeding  one  hundred  dollars,  or  be  imprisoned  not  exceeding 
thirty  days,  or  both,  in  the  discretion  of  the  court. 

Sec.  106T.     Xo  person  occupying  any  store,  stall,  shop  or    other  April  23,  isoi. 
place  of  business  shall  obstruct  the  sidewalk  in  front  of  the  place    so  see  1029  (b). 


278 


Part  III. — Ordinances. 


Sidewalks- 
merchants   may 
use  two  feet  to 
display    goods. 

Feb.    16,    1S97. 

Sidewalks — 
boxes,    etc. ,    on 
removed   at 
night. 


Riding   and 
driving. 


occupied  by  him,  or  the  view  from  the  street,  to  or  across  the  side- 
walk, by  placing  goods  of  any  kind  on  or  over  such  sidewalk  longer 
than  is  really  necessary  to  get  the  goods  or  other  articles  into  or  away 
from  such  place  of  business  in  receiving  and  delivering  such  goods  or 
other  articles.  Any  person  violating  this  ordinance  shall  be  subject 
to  fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not  longer 
than  thirty  days,  one  or  both,  in  the  discretion  of  the  Eeeorder's 
Court. 

Sec.  1068.  Merchants  shall  be  allowed  two  feet  of  the  sidewalk 
next  to  their  buildings  on  which  to  display  their  goods.  All  boxes, 
steps,  stands  or  other  things  used  in  the  display  of  such  goods,  shall 
be  removed  from  the  sidewalk  at  night  and  on  the  Sabbath  Day.  This 
shall  apply  to  fruit  stands  from  which  the  fruit  is  removed.  Parties 
thus  using  the  sidewalk  shall,  on  Saturday  night,  thoroughly  and 
carefully  clean  said  sidewalks.  Any  person,  firm  or  corporation  vio- 
lating this  ordinance  shall  be  fined  any  sum  not  exceeding  fifty  dol- 
lars, or  imprisoned  not  exceeding  thirty  days,  in  the  discretion  of  the 
Eeeorder's  Court. 

Sec.  1069.  Any  person  or  persons  who  shall  drive  a  vehicle  or  ride 
in  a  disorderly  manner  through  the  street,  or  over  any  bridge,  faster 
than  a  walk,  or  who  shall  ride  on,  or  place  any  wagon,  cart  or  vehicle 
on  the  sidewalk,  or  stop  such  vehicle  on  a  regular  street  crossing,  shall, 
on  conviction,  pay  a  fine  of  not  exceeding  one  hundred  dollars  and 
cost,  or  be  imprisoned  not  exceeding  thirty  days,  in  the  discretion  of 
the  Recorders  Court. 

Sec.  1070.  It  shall  be  unlawful  to  drive  any  dray,  carriage  or  other 
vehicle  over  or  across  any  public  bridge,  in  this  city  faster  than  a 
walk.  Any  person  or  persons  violating  the  above  provision  shall  be 
arrested  and  carried  before  the  Recorder's  Court,  and,  upon  convic- 
tion, be  fined  in  a  sum  not  less  than  one  dollar,  nor  exceeding  one  hun- 
dred dollars,  or  be  put  upon  the  public  works  not  less  than  one  day  nor 
exceeding  thirty  days,  one  or  both,  in  the  discretion  of  the  court. 

Sec.  1071.  It  shall  be  unlawful  for  any  person  to  drive  a  vehicle 
on  or  across  the  iron  plates  which  are  placed  across  gutters  at  the  street 
crossings.  Any  person  violating  this  ordinance  shall,  on  conviction 
before  the  Recorder's  Court,  be  fined  not  exceeding  one  hundred  dol- 
lars, or  be  imprisoned  not  exceeding  thirty  days. 

Sec.  1072.  It  shall  be  unlawful  for  the  owner  or  person  in  charge 
of  any  carriage,  hack,  wagon,  dray,  cart,  hand  cart  or  other  similar 
vehicle  to  leave  such  vehicle  standing  on  the  street  without  a  team 
attached  to  it  and  some  person  either  in  charge  of  the  team  or  near  at 
hand  to  move  it  if  notified  so  to  do,  so  as  to  prevent  the  obstruction  or 
blocking  of  the  streets  or  endangering  the  public  by  runaway  or  other- 
wise. Any  person,  firm  or  corporation  violating  the  provisions  of  this 
section  shall  be  subject,  upon  conviclion  thereof    in    the    Recorder's 


Driving   over 
bridges    faster 
than  a  walk 
prohibited. 

Penalty. 


Vehicles    pro- 
hibited   from 
driving   over 
iron   plates   at 
crossings. 
Penalty. 
April    6,    1885. 


Streets — ve- 
hicles not 
stand   on. 


Part  III. — Ordinances.  279 


Court,  to  punislinicut  by  fine  of  not  exceeding  fifty  dollars,  or  impri.s- 
onuient  not  exceeding-  thirty  days,  either  or  both,  in  the  discretion  of 
the  court. 

.Sec.  1073.     It  snail  be  unlawful  for  the  riders  of  bicycles  to   use 
whistles  like  those  used  by  policemen. 

Sec.  1074.     It  shall  not  be  unlawful  hereafter  for    the    riders    of  pg^   g^  ^ggg 
bicycles  to  use  bells  to  give  warning  of  their  approach. 

Sec.  1075.     A  violation  of  the  first  section  of  this  ordinance  bhall  penalty, 
subject  the  offender,  upon  conviction  thereof  in  the  Eecorder's  Coiirt  Refers  to  sec- 
of  the  City  of  Atlanta,  to  punishment  by  fine  of  not  exceeding   one ''°"  ^  '^' 
hundred  dollars,  or  imprisonment  of  not  exceeding  thirty  days,  in  the 
discretion  of  the  court. 

Sec.  1076.     x\.ny  person  who  shall  dig  or  scrape  up  and  carry  away 
gravel,  eartli,  dirt,  rocks  or  sand,  from  any  street,  lane  or  alley  of  saidei,  etc.,.  out  ot 
city,  shall,  on  conviction  thereof,  pay  a  fine  of  not  exceeding  twenty 
dollars  and  costs  for  each  offense,  or  be  imprisoned  not  exceeding  thirty  Penalty, 
days  in  the  calaboose. 

Sec.  1077.     Xo  auctioneer,  commission  merchant,    or    other    mer-  .    ^. 

^  '  Auctioneers, 

chant,  shall  be  allowed  to  obstruct  any  public  street  or  sidewalk  for  the  merchants, 

^  -^    ^  etc.,   not   to 

purpose  of  selling,  vending,  showing  or  disposing  of  their  wares   and  obstruct  side- 
merchandise,  or  of  delivering  the  same ;  nor  shall  an  assembly  of  per-  streets. 
sons,  as  bidders,  be  assembled  for  the  purpose  of  bidding  for  the  same,  J"iy  5>  i^se. 
so  as  to  obstruct  free  passage  on  the  sidewalks  or  streets  of  the  City 
of  Atlanta.     Any  person  or  persons  who  shall  do  or  cause  the  same  to 
be  done,  or  shall  fail  or  refuse  to  remove  the  same,  after  being  notified 
by  the  Marshal  or  his  deputy,  shall,  on  conviction  in  the  Recorder's 
Court,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  and  costs,  Merchants  may 
or  be  imprisoned  thirty  days;  provided,  merchants  may  use  one- third "j®g°^g^:^^j^"'*i,j 
of  the  sidewalk  so  long  as  it  may  be  necessary  for  receiving  and  ship-  sMppiJT/g-o^Jdl 
ping  goods. 

Sec.  1078.     All  bids  made  for  work  under  the    advertisements    of  Bids  opened 
the  Commissioner  of  Public  Works  shall  be  received  by  the  Clerk   in  liay^o^^and^  °^ 
open  Council,  and  by  him  opened  in  the  presence  of  the  Mayor  and  cii"^*^^ 
General  Council. 

Sec.  1079.     All  persons  bidding  for  public  work  shall   be   required 
to  accompany  their  bids  with  a  certified  check  in  such  amount  as   the  tified  checks 

n  ■      ■        '         /"  -r->    1  T      TTT  •  T  c  '^°    accompany 

Commissioner  of  Public  Works  or  the  committee  advertising  for  pro- wds  for  public 
posals  in  each  case  shall  designate  in  the  advertisement.  Such  certi-  Jan.  21,  isos. 
fied  check  to  be  an  evidence  of  good  faith  on  the  part  of  the  bidder, 
and  to  be  forfeited  to  the  City  of  Atlanta  in  case  such  bidder,  after 
the  acceptance  of  his  bid  by  the  City  of  Atlanta,  shall  not  furnish  the 
required  bond  and  security  for  the  performance  of  his  contract,  but  to 
be  returned  to  the  bidder  when  such  bond  and  security  are  given  and 
accepted. 

Sec.  1080.     It  shall  be  the  duty  of  the  Chief  Engineer,  in  future,  in 


280  Part  III. — Ordinances. 


Curbing  to  be  having  Curbing  laid,  to  have  all  corners  turned  with  curved  curbing, 
^uine  a  coi  ^^^^  ^^  ^^^^^^  radius  as  he  may  deem  proper,  and  that  the  cost  of  the 
Dec.  3,  1888.      game  shall  be  charged  to  the  owners  of  corner  lots. 

Sec.  1081.  If  any  property  owner,  who  shall  be  notified  as  pro- 
Curbing  laid  at  vided  in  the  preceding  section,  shall  fail  within  twenty  days  after 
pMsT'aftei-  notice  to  comply  therewith,  in  so  far  as  to  lay  the  curbing,  the  city 
notice.  shall  have  such  curbing  put  down  at  each  property  owner's  expense. 

Each  property  owner  notified,  as  above  provided,  shall  have  ten  days 
from  the  laying  of  the  curbing  and  completion  of  grading,  in  which  to 
complete  and  lay  sidewalks,  and  on  failure  to  so  complete  and  lay  side- 
walks within  said  ten  days,  the  city  shall  have  the  sidewalks  laid  and 
completed  at  each  property  owner's  expense.  In  all  such  cases  the 
City  Engineer  shall  have  a  bill  for  the  cost  of  such  work  and  material 
made  out  and  turned  over  to  the  City  Clerk,  who  shall  have  the  same 
presented  to  the  owner,  and  if  the  same  is  not  paid  within  ten  days 
after  the  same  is  so  presented,  said  City  Clerk  shall  issue  an  execution 
for  the  amount  of  such  bill  against  the  property  owner  or  owner >,  and 
against  his,  her  or  their  lands,  goods  and  chattels.  Such  execution 
shall  be  delivered  to  the  Marshal,  who  shall  proceed  to  collect  the  same 
by  levy  and  sale,  as  by  law  jn-ovided  in  cases  of  tax  execution.  The 
fees  of  the  Clerk  and  Marshal  shall  be  the  same  as  in  tax  executions. 

Sec.  1082.     The  Committee  on  Streets  shall  have  no  authority   to 

consider  and  report  on  any  resolution  to  lay  curbing  or  sidewalk   on 

sidewalks  reso-  any  strcct.  Until  after  such  resolution  shall  have  been  introduced  at  a 

lutions.  •' 

meeting  of  this  body  and  referred  to  said  committee. 

Sec.  1083.  It  shall  not  be  legal  for  any  resolution  for  laying  curb- 
How  adopted.    ^^^S  ^^^^  sidcwalk  on  any  street  to  be  adopted  earlier  than  two  weeks 

after  such  resolution  shall  have  been  introduced  at  a  meeting  of  this 

body. 

Sec.  1084.  Any  and  all  laAvs  or  ordinances  which  place  any  limi- 
Au  limitations  tatiou  ou  the  power  of  the  Mayor  and  General  Council  to  contract 
MavM-^and  Gen-  dircctly.  and  \^'ithout  advertisement  or  other  procedure,  are  hereby 
to^ contract"  repealed;  and  hereafter  the  City  of  Atlanta,  by  the  Mayor  and  Gen- 
repeae  ^^^^  Couucil,  shall  havc  full  powcr  and  authority  to  make  anv  and  all 

Only    charter  '  t  j  ^ 

reTiined""^  coutracts,  subjcct  only  to  limitations  prescribed  by  the  city  charter  or 
Feb.  17,  1891.  laws  of  the  State. 

Sec.  1085.     All  awnings  erected  in  tlie  City  of  Atlanta  in  front  of 
booths,  stores  and  residences,  shall  l)e  at  tlieir  lowest  point  eight  feet 

Awnings.  i     ii      i 

from  the  sidewalk,  and  the  })illars  su})p()rting  said  aAvning  shall    be 

placed  on  tbe  extreme  outer  edge  of  the  sidewalk:  and  any   person 

„     ,,  violating  this  ordinance  shall,  on  conviction  in  the  Recorder's  Court, 

Penalty.  ^ 

be  fined  not  exceeding  one  hundred  dollars  and  costs,  or  be  inipi-isr.ned 
not  exceeding  thirty  days,  or  ])otli,  in  tlie  discretion  of  the  eonrt.  Oc- 
cupants of  the  ])()oths,  stores  and  residences  shall   he  responsible    for 


Part  III. — Ordinances.  281 


the  location  of  the  awnings  in  front  of  said  booths,  stores  and  resi- 
dejices. 

Si;c'.  lost).     Any  person  who  sliall  willfnlly  destroy  any  sliade  tree, 
or  who  shall  fasten  any  horse  or  animal  to  any  shade  tree,  or  fasten  or  ,""7altened, ' 
leave  such  horse  or  animal  close  enough  to  injure  any  shade  tree  in  the*^^^'' 
city  limits  or  in  Piedmont  Park,  or  to  any  lamp-jiost  or  fence  within 
the  city  limits,  shall,  upon  conviction  in  the  Recorder's  Court,  pay  a 
line  of  not  exceeding  twenty-five  dollars  and  costs,  or  imprisonment  penalty. 
not  exceeding  thirty  days,  and  the  police  force  shall  in  every  case  seize 
the  horse  or  other  animal  and  retain  it  until  the  fine  and  costs    are 
paid. 

Sec.  1087.     Any  person  who  shall  throw  or  discharge  from  any  lot 


or  building  any  water  or  fluid  substance  so  as  to  affect  injuriously  any  on  streets, 
street,  lane,  alley,  way  or  sidewalk  in  said  city,  shall,  on  conviction  in 
the  Recorder's  Court,  be  fined  not  exceeding  one  hundred  dollars  and 
costs,  or  be  imprisoned  not  exceeding  thirty  days,  or  both,  in  the  dis- 
cretion of  the  court,  for  every  twenty-four  hours  it  is  suffered  to  re- 
main, after  notice  by  any  officer  or  member  of  the  police  force,  to 
remove  the  same;  but  a  citizen  may,  by  permission  of  the  Street  Com- 
mittee, construct  a  drain  or  hollow  pavement  for  the  water  or  fluid 
sul)stance  to  pass  off. 

Sec.  1088..    Any  person  or  persons  engaged  in  hauling  or  transport- 
ino-  dirt  for  anv  purpose  whatever  through  anv  street,  lane,  allev  or  )^'a°o?s  haui- 

.  .11  o  .  3  5.  ,ng  dirt  to 

way  of  the  City  of  Atlanta,  shall  haul  or  transport  said  dirt  in  wagons  ^'a^?  ^^°=^ 
cr  carts  w-ith  close  bodies,  so  as  not  to  scatter  or  spill  anv  of  the  dirt  on  .       ,„  ,„„, 

^  "  Aug".    lU,    lo'M. 

the  streets ;  and  no  wagon  or  other  vehicle  engaged  in  so  hauling  or 
transporting  dirt  shall  be  driven  faster  than  a  walk.  Any  person  vio- 
lating this  ordinance  shall  be  fined  not  less  than  five  dollars,  nor  ex- 
ceeding one  hundred  dollars,  or  be  imprisoned  not.  exceeding  thirty 
days,  upon  conviction  in  the  Recorder-s  Court. 

Sec.  1089.  Any  person  or  persons  who  reside  on,  or  do  business  on 
any  of  the  streets  in  the  boundaries  known  as  the  sanitary  limit-,  or  ^'-'^'^^^'^^ss- 
any  other  person  who  shall  deposit  on  any  of  the  aforesaid  streets,  or 
the  sidewalks  of  said  streets,  any  sweepings  from  any  stores,  or  dwell-" 
ing-houses,  or  places  of  business,  or  any  paper,  hair,  fuel,  slop  or  wash- 
ings of  any  kind,  watermelon  rinds  and  seeds,  fruit  parings,  any  vege- 
table matter,  or  any  kind  of  garbage,  shall,  on  conviction  in  the  Re-  penalty, 
corder's  Court,  pay  a  fine  of  not  exceeding  one  hundred  dollars  for 
each  and  every  offense,  or  be  imprisoned  not  exceeding  thirty  days,  or 
both,  in  the  discretion  of  the  court. 

Sec.  1090.     For  the  convenience  of  all  persons  affected  by  the  pre- 
ceding section,  it  shall  be  their  duty  to  place  all  accumulations,  therein  Box  or  recep- 
mentioned,  in  a  sound  and  suitable  box,  or  other  proper  receptacle,  and 
place  the  same  on  the  outside  of  the  sidewalk  every  morning  between 
the  hours  of  seven  and  eight  o'clock,  except  Sunday,  on  which  day  said 


282  Part  III. — Ordinances. 


boxes  or  receptacles  shall  not  be  placed  on  the  sidewalks.  After  they 
have  been  emptied  they  shall  be  immediately  removed  and  shall  not  be 
replaced  until  the  appointed  hour  on  the  following  morning.  Any 
person  or  persons  violating  the  provisions  of  this  section  shall,  on  con- 
Penaity.  victiou  in  the  Eecorder's  Court,  be  punished  by  fine  not  exceeding  one 

hundred  dollarsj  or  imprisonment  not  longer  than  thirty  days,  in  the 
discretion  of  the  court. 

Sec.  1091.     It  shall  be  the  duty  of  every  occupant  of  any  building, 
residence  or  place  of  business  in  the  City  of  Atlanta,  to  provide  and 
tacies'^^forTai-  keep  within  or  near  such  building,  residence  or  place  of  business,   two 
bage  and  ashes  pgceptacles,  ouc  for  garbage  and  the  other  for  ashes.     Ashes  shall   be 
March  10,  1899.  j.^^^^  entirely  separate  from  garbage,  etc.     Eeceptacles  for  'all  build- 
ings, other  than  residences,  shall  be  placed  on  the  outer  margin  of  the 
sidewalk  every  day,  between  the  hours  of  seven  and  eight  o'clock  a.  m., 
except  Sundays,  when  said  vessels  shall  not  be  placed  upon  the  side- 
walks.    When  said  vessels  are  emptied  by  the  sanitary  men  they  shall 
be  immediately  removed  from  the  sidewalk.     Any  prson  violating   the 
provisions  of  this  ordinance  shall,  on  conviction  thereof,  before  the  Ee- 
corder's Court,  be  fined  in  a  sum  not  exceeding  ten  dollars,  or  be  im- 
prisoned not  longer  than  thirty  days,  either  or  both,  in  the  discretion 
of  the  court. 

Sec.  1092.     All  persons  who  own  property  adjoining    streets,    and 

whose  lots  are  below  the  street  so  as  to  make  a  dangerous  off -set,  shall 

Dangerous  lots,  be  required  to  securely  enclose  the  same  so  as  to  prevent  danger  to 

Aug.  5,  1878.    persons  passing  along  the  streets.     It  shall  be  the  duty  of  the  Chief  of 

Enclosure.         Police,  throuo'h  the  police  force,  to  give  notice  to  all  persons  who  come 

Penaltv  for  ,   .    '         .  .  ^      /  .,t  ,  «    .-,  ,        t  p^ 

failure.  withm  tliis  sectioii  to  comply  herewith,  and  on  failure  so  to  do,  alter 

five  days'  notice,  such  person  shall  be  arrested  and  brought  before  the 
Eecorder's  Court^  and,  on  conviction,  punished  by  a  fine  of  not  exceed- 
ing one  hundred  dollars  and  costs,  or  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1093.     Any  person  who  shall  sell  at  auction,  on    tlie    streets, 
or  allevs  of  Atlanta,  any  live  stock,  goods  or  merchandise  of  anv  t-liar- 

Seling    at    auc-  -  ?         j  ?  o 

^^°1-?"  ^'■'''''^•acter,  shall,  upon  conviction  in  the  Eecorder's    Court,    be    fined    not 

prohibited.  ?  "       1  '  ^ 

more  than  one  liundred  dollars,  or  imprisoned  not  longer  tliaii  t'.iivty 

days. 
Vending  of  ^^EC.  109-1.     Xo  pcrsou  or  pcrsoiis,  under  an  auctioneer  or  peddler's 

^i^S^et^^'^at  license,  shall  auction  off  in  any  street  or  alley  within  the  corporate 
prohibi-  limits  of  the  City  of  Atlanta,  any  patent  medicine  or  other  articles  of 


auction 
streets 

jime  6,  1887.   persoual  property. 


Penalty. 


Sec  1095.  Any  person  or  persons  violating  the  foregoing  ordi- 
nance shall  be  deemed  guilty  of  a  inisdeiueanor,  and,  on  conviction 
before  the  Eecorder's  C-ourt,  shall  l)e  fined  in  a  sum  not  to  exceed  one 
hundred  dollars,  or  put  at  work  on  flie  ])ublie  streets  for  a  term  not 
exceeding  thirty  days,  either  or  l)()th,  in  the  discretion  of  the  Eeecn'der. 


Part  III. — Ordixaxces.  283 


Sec.  1096.     It  shall  be  unlawful  for  the  owner  of  any  vicious  or  vidous  ani- 
dangerous  animal  to  allow  such  animal  to  run  at  large,  and  any  person  '™^'®- 
who  shall  allow  or  permit  such  animal  to  run  at  large,  after  having  ^^p*-  ^'  ^^™- 
iH'on  notified  that  the  same  is  vicious  or  dangerous,  shall,  upon  con- ^^|l?J*y^^^^  ^^'^ 
vietion  in  the  Eecorder's  Court,  be  fined  not  exceeding  one  hundred  "^^  ^^  ^'"■^^• 
dollars,  or  be  imprisoned  not  longer  than  thirty  days. 

Sec.  1097.     It  shall  be  the  duty  of  the  property  owners  in  this  city  o«-ners  shaii 
to  cause  all  shade  trees  along  the  sidewalk  in  front  of  their  property  to  tr™s.  ^^'^'^'^ 
be  trimmed,  up  to  a  distance  of  eight  feet  from  the  ground.     If   said  March  i,  isso. 
property  owners  shall  fail  to  do  the  same,  it  shall  be  the  duty  of  the  upon   failure 
Commissioner  of  Public  Works  to  cause  it  done  and  report  the  same, of'pubur"^'^ 
with  the  cost  thereof,  to  the  Clerk  of  Council,  who  shall  issue  execu-  hav^work" 
tion  against  such  for  the  amount,  and  said  execution  shall  be  collected  '^°^^' 
as  tax  executions. 

Sec.  1098.     It  shall  be  the  duty  of  each  and  every  property  owner, 
or  agent  of  such  owner,  having  property  in  charge,  who  sub-divides  any  File  plats  of 
property  in  said  city  for  the  purpose  of  division  or  for  sale,  to  file  with  oflf  for  sale, 
the  city  a  true  copy  of  the  plat  or  place  of  such  division,  giving  dimen-  >iay  3,  isso. 
sions  of  such  proposed  lots  and  width  of  such  proposed  streets.     Anv  Penalty  for 

^       '■  -    failure  to  com- 

person  who  shall  tail  to  comply  with  the  provisions  of  this  ordinance  p^j- 
within  ten  days'  notice  after  such  sale  or  sub-division,  shall,  on  con- 
viction in  the  Eecorder's  Court,  be  fined  not   more    than    twenty-five 
dollars. 

Sec.  1099.     All  telegraph  or  telephone  poles  erected  on  the  streets 
of  the  city  shall  be  painted,  and  the  said  painting  shall  be  kept  in  good  Jefepilone  poles 
repair.     The  Commissioner  of  Public  Works  may  at  any  time  notify  ^^  ^'^  painted, 
the  owners  of  said  poles  to  paint  or. repair  the  same,  and  upon  their  "^""^  -^'  ■^*^*'- 
failure  to  do  so  within  ten  days,  the  said  poles  shall  be  removed. 

Sec.  1100.     All  telegraph  and  telephone  companies,  electric  street 
railway  companies  and  electric  light  companies,  owning  or  using  poles  Telephone  and 
heretofore  or  hereafter  placed  in  the  streets  of  the  City  of  Atlanta,  shall  der"co'n?roi  o?" 
hold  the  right  to  keep  and  use  such  poles,  subject  to  the  power  and  au-  "^"''' 
thority  of  the  Board  of  Electrical  Control,  to  regulate  the  placing  and  ^*'^*'  ^''  ^^"■'" 
removal  of  such  poles,  and  the  Board  of  Electrical  Control  shall  have  au- 
thority, in  their  discretion,  to  reject  any  poles  already  in  use,  or  which 
any  of  said  companies  propose  to  erect,  and  in  case  of  the  rejection  of 
poles  already  in  use,  to  require  their  removal  and  to  prevent  the  use  of 
poles  which  they  deemed  to  be  unsuitable  or  unsafe,  and  it  shall  also  be 
within  the  power  and  authority  of  the  Board  of  Electrical  Control  to 
require  the  removal  of  poles  belonging  to  any  of  said  companies  when 
necessary,  in  their  judgment,  to  facilitate  the  improvement  of  any 
street,  or  portion  of  the  street,  or  the  improvement  or  convenient  use 
of  any  lot  alnttting  on  any  street  or  portion  of  a  street. 

Sec.  1101.     Any  person  or  company  owning   and   using   any   such  no°''"emo*^ng 
poles,  who  shall  fail  or  refuse  within  five  days  after  notice  from  the  poret'"""'^ 


284 


Part  III. — Ordinances. 


Electric    wires. 


Thirty  days' 
notice. 


said  Board  of  Electrical  Control,  to  remove  any  pole  or  poles  deemed 
by  them  to  be  unsuitable,  unsafe  or  improperly  located,  or  the  loca- 
tion of  which  they  shall  require  to  be  changed,  shall,  upon  conviction 
thereof,  be  punished  by  fine  not  to  exceed  one  hundred  dollars,  or  im- 
prisonment not  to  exceed  thirty  days,  either  or  both,  in  the  discretion 
of  the  court,  and  the  erection  of  use  of  any  i)ole  rejected  or  condemned 
by  such  Electrician  shall  subject  the  offender,  on  conviction,  to  the 
same  penalty  as  hereinbefore  prescribed. 

Sec.  1102.  All  telegraph,  telephone,  electric  light,  burglar  alarm, 
fire  alarm,  or  other  wires  which  shall  be  erected  over  the  streets  or  side- 
walks of  the  said  city,  shall  be  not  less  than  twenty-seven  (27)  feet  in 
Height  twenty-  height,  or  higher  if  this  General  Council  should  hereafter  determine  to 
abTe  iTreet.  Jncrease  the  height  of  the  same  from  the  surface  of  said  street  or  side- 
walk, and  that  all  of  said  wires  when  connected  with  any  building  shall 
run  at  right  angles  from  the  poles  to  the  building,  so  that  no  portion 
of  said  wire  being  over  the  street  or  sidewalk  shall  be  of  a  less  height 
than  twenty-seven  feet  from  the  surface  of  said  street  or  sidewalk. 

Sec.  1103.     All  such  wires,  now  stretched  in  said  city,  shall  con- 
form to  the  provisions  of  this  ordinance,  and  that  all  persons  in  charge 
^^'^""se.  thereof  shall,  within  thirty  days  after  notification  by  the  Chief  of  the 

Eire  Department,  or  other  persons  acting  for  him,  and  under  his 
authority,  change  their  wire  so  as  to  comply  with  the  provisions  of  this 
ordinance.  A  written  notice  signed  by  the  Chief  of  the  Fire  Depart- 
ment and  left  at  the  principal  business  office  of  any  person,  company 
or  corporation  engaged  in  any  such  business  described,  shall  be 
deemed,  and  held  to  be,  sufficient  notice  under  this  ordinance. 

Sec.  110-1.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall,  on  conviction,  before  the  Eecorder's 
Court  of  said  city,  be  fined  in  a  sum  not  exceeding  one  hundred  dol- 
lars, or  imprisonment  for  thirty  days,  either  or  both,  in  the  discre- 
tion of  the  court,  and  that  service  left  at  the  principal  business  office 
of  any  such  person,  company  or  corporation,  so  engaged  in  such  busi- 
ness in  said  city,  shall  be  deemed  to  he  sufficient  notice  to  any  sneli 
person,  company  or  corporation,  to  appear  before  said  Recorder's 
Court  to  answer  the  charge  recited. 

Sec.  1105.  The  Chief  of  the  Fire  Department,  or  other  authority 
acting  under  him,  is  hereby  authorized  to  cut  any  and  all  of  said  wires 
which  they  shall  deem  necessary  to  cut  on  the  occasion  of  fire  alarms, 
without  expense  to  the  city  for  so  doing ;  provided,  that  nothing  herein 
Jan.  8,  1885.  ^^^^^^^1^^^^^  g|^^|^  ^^^^^  that  the  city  authorizes  any  person  to  undertake 
the  risk  of  cutting  any  of  said  wires  or  renders  itself  liable  for  any 
injury  to  the  person  so  doing. 

Sec.  1106.  From  and  after  the  passage  of  this  ordinance  all  eloc- 
Eiectric  wires  {y[q  wjres  shall  l)e  placed  at  a  distance  from  the  surface  of  the  ground 
twenty- our       ^^  ^^^^  ^^^^  ^^^^^^  twcutv-four  fcct,  aud  auv  violation  of  tliis  ordinance 

Feb.    2,   1885.  ..  ■ 


Fire  Depart- 
ment may  cut 
wire.  I 


Part  III. — Ordinances.  285 


slijill  subject  the  otfcnder  to  iinc  or  iniprisouiiK'ut,  as  in  Section  1109,  Penalty, 
in  the  discretion  of  the  Hecorder's  Court. 

Skc.  hot.  That  nothing  contained  in  any  of  the  ordinances,  reso- 
lutions, or  acts  of  the  General  Council  in  relation  to  the  erection  of  ^''*-'' "°' "^^'*- 
telegraph,  telephone,  electric,  burglar  alarm,  or  other  wires,  sliall  be'"'''''  '^'  '^^^'^^ 
construed  to  mean  that  the  City  of  Atlanta  holds  itself  in  any  manner 
responsible  or  liable  for  damages  to  persons  or  property  hy  reason  of 
any  accident,  or  occurrence,  but  tliat  the  city  disclaims  any  liability 
wliatever  in  the  premises. 

Sec.  1108.     Any  })erson  or  persons  who  shall  remove,  or  cause  to  l)e 
removed,  or  who  shall  mutilate,  deface,  destroy  or  injure  any  of  the  injuring  street 
street  directory  boards,  shall,  on  conviction  before  the  Mayor,  Recorder  boards."^^ 
or  three  members  of  Council,  pay  a  fine  of  not  more  than  five  hundred  Penalty, 
dollars,  or  be  imprisoned  not  exceeding  thirty  days,  either  or  both,  in  Feb.  5,  istt. 
the  discretion  of  the  court;  provided,  unless  it  should  become  necessary  Sept.  lo,  isst. 
to  remove  the  same  for  building  or  rejiairing  purposes,  in  which  case 
the  owner  of  the  property,  or  the  person  who  removed  the  board,  must 
place  the  same  in  its  correct  or  original  position,  immediately  after 
the  completion  of  such  building  or  repairing. 

Sec.   1109.     Sprinkling  the  streets,  sidewalks    or    crossings    wdth  ^^,    , 

^  ^  ,     ,  °  street    spnnk- 

water  shall  be,  and  is  hereby  prohibited,  except  between  the  hours  of  li^g- 
5  and  7  o'clock  a.  m.,  13  and  1  o'clock  p.  m.,  and  6  and  8  o'clock  p.  m. ;  ^^^y  i^,  isre. 
provided,  that  from  September  1st  to  May  1st  the  hours  for  sprinkling  ^ept.  is,  istg. 
shall  be  from  6  to  8  o'clock  a.  m.,  from  12  o'clock  m.  to  1  o'clock  p.  m.,  „,   ,      ,    , 

'  i  That  part  or 

and  from  .5  to  7  o'clock  p.  lu.     A  violation  of  this  section  shall,  on  reJatl?r\"o" 
conviction,  subject  the  offender  to  a  fine  not  to  exceed  one  hundred  dol-  s°rinkHnff  has 
lars  and  costs,  or  imprisonment  not  to  exceed  thirty  days,  one  or  ))oth,in  ^^^"  repealed, 
the  discretion  of  the  court.     It  shall  not  be  laAvful  for  any  person   in 
sprinkling  water  in  said  city,  from  hose-pipe  or  otherw^ise,  willfully  or 
carelessly  to  sprinkle  the  same  against  or  upon  any  person  or  persons, 
horses  or  carriages;  provided,  that  on  the  trial  of  any  person  charged 
with  a  violation  of  this  section  it  shall  be  competent  for  the  accused 
to  introduce  testimony  to  the  effect  that  proper  diligence  had  been  used, 
and  precaution  exercised,  and  that  the  occurrence  was  purely    acci- 
dental, and  not  the  result  of  criminal  negligence,  or  malicious  or  mis- 
chievous purjiose.     Any  person  violating  this  section  shall,  on  con- 
viction, he  punished  as  prescribed  in  this  ordinance. 

Sec.  1110.     The  street  sprinklers  shall  not  l)e  reiiuired  to  cut    off  ;^j^r^.,,  ^g^  ^sss. 
water  when  sprinkling  crossings  of  streets  on  which  belgian  blocks  or 
rubble  stones  have  been  placed. 

Sec.  1111.     All  telegraph,  telephone,  electric  light,  and  all    other 
companies  who  set  poles  for  the  purpose  of  business  in  the  city,  shall  rt°re?ts-rog- 
remove  any  and  all  surplus  dirt  after  setting  such  poles.     Any  person  s'euVnT  ^"^ 
who  shall  violate  the  foregoing  ordinance  shall,  on  conviction  thereof,  juiy  2,  isss. 
be  imprisoned  in  the  calaboose  not  exceeding  thirty  days,  or  fined  not  Penaitv. 


286 


Part  III. — Ordinances. 


When    poles 
are   removed, 
sidewalks  to 
be  left  in  good 
condition. 


Aug.    21,    1895. 


Rubble   be- 
tween street 
railroad   remov- 
ed to  be  placed 
with   belgian 
blocks. 


exceeding  one  hundred  dollars,  either  or  both,  in  the  discretion  of  the 
court. 

Sec.  1112.  Telegraph,  telephone,  electric  and  other  companies 
which  erect  or  remove  poles,  on  the  sidewalks,  shall  leave  the  sidewalk 
in  as  good  condition  as  it  was  found  before  said  work  was  done,  and  it 
shall  not  be  sufficient,  in  removing  poles,  to  saw  off  the  said  poles  on 
a  level  with  the  sidewalk  and  leave  the  bod}"  thereof  in  the  ground,  but 
the  same  shall  be  removed,  and  the  hole  filled,  and  the  sidewalk  be 
replaced  with  material  similar  to  that  already  on  said  sidewalk. 

Sec.  1113.  Any  person  or  persons  violating  this  ordinance  shall, 
on  conviction  before  the  Eecorder's  Court,  be  subject  to  a  fine  not 
exceeding  twenty-five  dollars,  or  imprisonment  not  exceeding  thirty 
davs,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1114.  Whenever  any  street  railroad,  in  repairing  its  tracks, 
removes  the  rubble  between  the  tracks,  the  repairing  between  said 
tracks  shall  be  done  with  belgian  blocks ;  provided,  the  balance  of  said 
street  is  paved  with  belgian  blocks,  and  for  a  violation  of  this 
ordinance  the  officer  of  the  offending  company  shall  he  liable  to  a  fine 
not  exceeding  five  hundred  dollars,  or  work  on  the  public  works  for 
a  term  not  exceeding  thirty  days,  upon  conviction  in  the  Eecorder's 
Court. 

Sec.  1115.  From  the  surveys  recently  made  for  a  new  city  map, 
the  City  Engineer  shall  devise  a  system  of  numbers  for  streets  and 
houses ;  that  all  i'he  numbers  which  are  consecutive  remain  intact,  and 
from  a  point  where  the  first  gas  occurs,  beyond  the  fire  limits,  the  spac- 
ing of  distances  be  extended  to  the  city  limits  in  every  direction. 

Sec.  1116.  Each  owner  or  occupant  of  a  house,  or  part  of  a  house, 
shall  apply  to  the  City  Engineer  for  the  proper  number  to  his  or  her 
house,  for  which  the  applicant  shall  pay  a  fee  of  twenty-five  cents, 
which  the  Engineer  shall  turn  into  the  hands  of  the  Tax  Collector. 

Sec.  1117.  The  numbers  shall  be  so  arranged  as  to  change  as  few 
numbers  on  houses  that  are  now  numbered  as  possible,  but  the  unnum- 
bered houses  shall  be  numbered  as  early  as  conveniently  can  be.  con- 
forming as  near  as  practicable  to  the  houses  already  numbered. 
Where  two  houses  on  the  same  street  have  the  same  number  it  shall  be 
in  the  discretion  of  the  City  Engineer  to  determine  which  is  the  proper 
number. 

Sec.  1118.  The  owner  or  occupant  of  any  hou-e  shall  liave  the 
right  to  determine  the  form.  size,  material  and  location  of  such  num- 
bers, except  they  shall  l)e  inserilu'd  or  affixed  in  a  conspicuous  place; 
but  such  owner  or  occu})aiit  sliall  ol)taiii  from  tlie  City  hhigiiu'cr  the 
proper  number. 

Sec.  1119.  Any  owner  or  occupant  of  a  building  who  sliall  affix  or 
retain  any  number  contrary  to  this  ordinance  and  direction  of  the  City 
Engineer,  for  one  week  after  being  notified  to  change  tlu'  saiiu\  sluilh 


Sept.    ; 
Penaltj 


Provides   for 
system  of 
house  num- 
bering. 


Numbers — 
how  obtained. 


Direction  of 
engineer. 


Owners'    privi 
lege. 


Penalty. 
Feb.  1,  1 


Part  III. — Ordinances.  287 


on  conviction  thereof  in  the  Eecorcler's  Court,  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars,  or  imprisoned  not  exceeding  thirty 
days,  one  or  both,  in  the  discretion  of  the  court. 

Sec.  1120.  All  houses  fronting  on  the  various  streets  and  alleys  in 
the  City  of  Atlanta  shall  be  numbered  by  or  under  the  direction  or 
supervision  of  the  City  Engineer,  and  that  this  be  done  without  any 
charge  to  the  owners  of  the  property  already  improved.  In  making 
ihe  surveys  necessary  to  this  renumbering,  the  plats  of  such  surveys 
shall  also  indicate  the  proper  numbers  for  the  houses  to  be  hereafter 
erected  on  pr()})erty  now  vacant,  and  persons  improving  such  property 
shall  number  it  at  their  own  expense.  In  making  the  surveys  the 
])resent  plan  of  house  numl^ering  shall  be  observed  and  followed  so  far 
as  it  is  practicable  to  do  so ;  but  streets  where  numbers  run  in  wrong 
direction  shall  have  this  irregularity  corrected.  And  twenty-five  feet 
front  shall  be  the  space  required  for  a  number,  except  where  the  present 
condition  of  the  property  requires  a  number  for  a  less  or  smaller 
frontage.  After  the  houses  are  renumbered,  as  hereinbefore  provided 
for,  and  plats  are  made  showing  proper  numbers  for  houses  to  be  erected 
on  ])roperty  now  vacant,  it  shall  be  unlawful  for  any  owner,  agent, 
or  oceujiant  to  have  any  house  in  said  city  improperly  num- 
bered, or  without  a  number ;  and  any  person,  whether  owner,  agent  in 
cliarge  of  or  occupant  of  such  house,  who  shall  knowingly  have  the 
same  or  allow  the  same  to  continue  improperly  numbered,  or  to  remain 
without  a  number,  for  the  space  of  ten  days  after  the  beginning  of  such 
ownership,  agency,  or  occupancy,  shall,  on  conviction  thereof  in  the 
Becorder's  Court,  pay  a  fine  of  not  exceeding  one  hundred  dollars,  or 
be  imprisoned  in  the  stationhouse  or  pu])lic  works  not  exceeding  thirty 
days. 

Sec.  1121.     Marietta  street,  commencing  at  the  incorporation  line 


Marietta    street 
iened, 
1866. 


a  straight  line  with  Payne's  line,  is  hereby  opened  and  widened  on  the 
west,  so  as  to  be  fifty  feet  wide,  and  said  street  shall  thence  continue 
in  a  straight  line  with  Payne's  and  Mill's  fences,  of  said  width,  until 
it  intersects  with  what  is  now  known  as  Marietta  street,  and  thence 
fifty  feet  until  it  intersects  with  Walton  street. 

Sec.  1122.  The  name  of  Pierce  street  is  changed  to  Decatur  street,  change  of 
and  that  portion  now  known  as  Decatur  street,  from  Pratt  street  to  the  "^"'^^' 
Georgia  Eailroad,  shall  take  the  name  of  Shipley  street :  and  the  name 
of  Payne  street  is  changed  to  Marietta  street;  and  the  name  of  Cobb 
street  is  changed  to  Hunter  street ;  and  the  said  streets  shall  be  here- 
after known  in  the  plan  of  the  City  of  Atlanta  by  the  names  hereby 
given  them.  The  name  of  "Wadley  street  is  changed  to  Forsyth  street, 
and  the  name  of  Stockton  street  to  Mitchell  street. 

Sec.  1123.     Whitehall  street,  in  said  citv,  from  the  railroad  cross- „.,  .^ ,  „ 

'  •  '  \\  hitehall 

ing  to  the  junction  of  Marietta  and  Decatur  streets,  shall  be  sixtv  feet  *^''^''*- 


288 


Part  III. — Ordinances. 


Piyor   street;. 


Alloys    chang- 
ed  to   streets. 


in  a  northern  dircc- 
street.     All  of  said 


v,'ide,and  no  less;  and  the  name  of  that  portion  of  said  street  is  changed 
to  Peachtree  street. 

Sec.  1124.  That  portion  of  Pryor  street  heretofore  obstructed  by 
the  Macon  and  Western  Kailroad  depot  is  re-opened,  so  that  said  street 
shall  extend  nninterruptedly  from  Alabama  street  to  Uecatur  r^treet 
of  the  same  width  as  the  remaining  portion  of  said  street. 

Sec.  1125.  The  following  named  alleys  are  hereby  changed  into 
streets,  bearing  the  following  names,  to-wit : 

Jones  alley  changed  into  Jones  street. 

Faith  alley  changed  into  Rawson  street. 

Clarke  alley  changed  into  Clarke  street. 

John's  alley  changed  into  Fulton  street. 

Henry  alley  changed  into  Richardson  street. 

Mobb's  alley  changed  into  Crumley  street. 

An  alley  from  Peck  &  Schofield's  planing  mill, 
tion  to  the  corporation  line,  shall  be   called   Fort 
streets  shall  be  forty  feet  wide,  the  same  being  widened  by  taking  five 
feet  on  each  side  from  tlie  land  adjoining  said  streets. 

Sec.  112G.  The  street  recently  opened,  extending  from  the  West- 
ern &  Atlantic  Railroad,  and  intersecting  Cain  street,  shall  be  named 
Bartow  street. 

Sec.  1127.  All  streets  hereafter  laid  out  in  said  city  shall  not  be 
less  than  fifty  feet  wide. 

Sec.  1128.     The  name  of  Branch  alley  is   changed    to    Brotlierton 
Names  changed  street,  in  houor  of  W.  H.  Brotherton. 

The  name  of  Racetrack  street  is  changed  to  Chapel  street. 

The  name  of  Barracks  street  is  changed  to  Leonard  street. 

The  name  of  Trebursey  street  is  changed  to  Tatnall  street. 

The  name  of  Mayes  alley  is  changed  to  Mayes  street. 

The  name  of  Booth's  alley  is  changed  to  Hayne  street. 

An  alley  running  parallel  with  Hunnicutt  and  Mills  street,  from 
West  Peachtree,  to  a  point  near  Marietta  street,  is  hereby  named  Baker 
street. 

Sec.  1129.  Oak  street,  running  from  Peachtree  street  to  Ivy  street, 
shall  be  known  as  Peachtree  street,  and  that  portion  of  the  street  liere- 
tofore  known  as  Ivy  street,  running  from  the  street  heretofore  known 
as  Oak  street  to  the  corporation  line,  shall  be  known  as  Peaclitree 
street. 

Sec.  1130.  That  portion  of  the  street  heretofore  known  and  des- 
ignated as  Peachtree  street,  running  from  the  junction  of  Peachtree 
and  the  street  heretofore  known  as  Oak  street  to  the  corporate  line,  shall 
be  known  as  West  Peachtree  street. 

Sec.  1131.  That  portion  of  East  Alabama  street,  from  Loyd  lo 
Washington,  shall  be  known  as  Waverly  Place. 

Sec.   1132.     McDonough  street,  wh(>re  it  intersects  Hunter  street, 


Bartow   street. 


Width  of 

streets. 


Peachtree 
street. 


West  Peach 
tree  street. 


Waverly 
Place. 


Part  III. — Ordinances.  289 


running  thence  southerly   to   the   city   limits,   is   changed  to  Capitol  ^^pj^^,  ^^^^^^ 
avenue.     Johnson  street,  in  the  third  ward,  is  changed  to  Logan  street.  ^^'^  '^^'■'*^- 
Tlie  new  sixty  feet  street  donated  to  the  city  by  Col.  L.  P.  Grant,  ex-  Log^^n   street, 
tending  from  Fair  street  to  the  L.  P.  Grant  Park  be,  and  the  same  is,  ^^'^  ^^^""«- 
bereljy,  given  the  name  of  Park  avenue. 

Sec.  1133.     The  street  now  known   as   Magazine   street,  and  that  jiagnoiia  street 
part   of    Cain  street,    between  Marietta  street  and  the  W.  &  A.  Rail-  "rt'^^of  cain"'^ 
road,  is  changed  to  Magnolia  street,  and  that  the  bridge  across  the  W.  ^^^""^^^  ^°- 
&  A.  Railroad,  connecting  the  same,  be  known  as  Magnolia  bridge.        ^^'"''^'  ^^'  ^^^^• 

Sec.  113-J:.     Bree  street,  in  the  southeast  of  the  city,  is  changed  to  Minedge  street 
]\Iilledge  street.     The  portion  of  Collins  streej;,  beginning  at  Decatur  courtiand 
street  and  extending  in  a  northerly  direction  to  its  terminus,  is  changed 
from  Collins  street  and  named  Courtiand  avenue.  ep  .  _ , 

Sec.  1135.     Mills  street,  in   the    third    ward,  from  Tennell  street  Berrien  street, 
south  to  East  Fair  street,  is  changed  to  Berrien  street.     The  name  of   ^  '    ' 
Pettis  street,  its  entire  length,  is  changed  to  Logan  street.  '  fII^^i,  '^iIst. 

Sec.  1136.     The  name  of  Line  street,  from  Peachtree  street  to  Ivy  Exchange 
street,  was  first  changed  to  Exchange  Place  and  afterAvards  from  Ex-  xov.  '7,  i8S7. 
change  Place  to  Edgewood  avenue.     The  name  of  Jennings  alley  is  Jennings /tre^i. 
changed  from  Jennings  alley  to  Jennings  street.  ^'°^-  -^'  ^^^^• 


Sec.  1137.     The   alley   situated  between   Fulton   and   Richardson  ^^^^^^^^ 
streets,  and  running  from   Frazier  to  Martin  streets,   shall  be  called  ^gg®*i9   ^ggy 
Hammock  street.    The  name  of  that  portion  of  Foundry  street  between  west  Harris 
^Marietta  street  and  Luckie  street  is  changed  to  West  Harris  street.        june  "is,  isss. 

Sec.  1138.     The  name  of  that  portion  of  Foundry  street,  between  Eari  street. 
Marietta  street  and  Luckie  street,  is  changed  to  West  Harris  street. 
The  name  of  that  portion  of  West  Harris  street  as  heretofore  known,  juiy  2,  isss". 
between  Marietta  and  Luckie  streets,  is  changed  to  Earl  street.     Gate 
City  street  is  changed  to  Smith  street. 

Sec.  1139.     The    street   running   from   Decatur  street  to  Gartrell 

,  Deroy   street. 

street,  running  parallel  with  and  between  Fitzgerald  and  Antoinette  Sept.  3,  isss. 

streets,  be  and  the  same  is  hereby  named  and  designated  Deroy  street. 

Sec.  1140.     Mayer  street  is  changed  to  Linden  street.  '  x^'l'V^IIIs: 

Sec.  1141.     The  street  connecting  Garnett    street    with    Pulliam  Extension  of 

,  ,      .  T    ^,  J  i     i         j_  Garnett    street. 

street,  is  named  Garnett  street.  Feb.  4,  is89. 

Sec.  1142.     That  portion  of  East  Mitchell  street  from  Washington  capitoi  square, 
street  to  Capitol  avenue,  and  that  portion  of  Capitol  avenue  betweemsuo."  "^' 
Hunter  and  Mitchell  street,  shall  be  know^n  as  Capitol  Square.  is9o.  '^ '  '  ' 

Sec.  1143.     The  name   of   South  Bell  street,  between  Bell  street  ^ji  ^^^^^4 
bridge  and  East  Hunter  street,  is  changed  to  Hill  street.  -^"^-  ]'  ^^^°- 

Sec.  1144.     Anderson  street  is  changed  to  Georgia  avenue.  ave°nfe^ 

Sec.  1145.     The  name  of  Jones  street    is    changed    to    Woodward  \yQjj^4rd 

avenue  avenue. 

'*^^"^'^-  Aug.   19,   1891. 

Sec.  114(;.     The  name  of  Arthur  street  is  hereby  changed  to  Sunset  sunset  avenuo. 
avenue.  Oct.  a,  1894. 


290 


Part  III. — Ordixances. 


Sec.  1147.  Jackson  avenue  between  Hilliard  and  Jackson  streets, 
and  Coker  avenue  between  Jackson  street  and  Boulevard,  is  changed 
and  consolidated  to  be  known  as  Lyon  avenue. 

Sec.  1148.  The  names  of  the  following  streets  are  changed  as  fol- 
lows :  Ella  street  from  Leonard  to  city  limits,  to  Drake  street ;  Henry 
street  from  Elliott  to  Davis,  to  Tyler  street ;  Herbert  street  from  Simp- 
son to  Bellwood,  to  Griffin  street;  Wallace  street  from  Decatur  north 
to  Richmond  and  Danville  Railroad,  to  Krog  street ;  Pearl  street  from 
Linden  to  ISTorth  avenue,  to  Nutting  street. 

Sec.  1149.  The  new  avenue  to  the  reservoir  from  the  city  is  given 
tlie  name  Hemphill  avenite  in  honor  of  the  Mayor,  under  whose  admin- 
istration the  new  system  of  waterworks  will  be  completed.  The  name 
of  Wallace  street,  from  Marietta  street  to  its  terminus,  is  changed  to 
State  street.  The  name  of  Borne  street  is  changed  to  Powell  street. 
.  Sec.  1150.  The  name  of  Porter's  alley,  leading  from  Peaclitree 
street  to  West  Peachtree  street,  is  changed  to  Porter  Place. 

Sec.  1151.  The  name  of  Eiswald  street  is  changed  to  Gaskill 
street. 

Sec.  3152.  The  name  of  Wheat  street  from  Peachtree  to  Irwin 
street  is  changed  to  Auburn  avenue. 

Sec.  1153.  The  name  of  Thompson  street  is  changed  to  Madison 
street.  - 

Sec.  1154.  The  street  extending  northwardly  from  East  Fair  to 
East  Hunter  street,  between  Frazier  and  Terry  streets,  and  immedi- 
ately east  of  the  jail  property  is  named  Kingsley  street.  The  street 
extending  eastwardly  from  Kingsley  street  to  Terry  street,  between 
East  Hunter  and  East  Fair  street  is  named  Keystone  street. 

Sec.  1155.  The  name  of  the  street  called  "New  Green's  Ferry 
road,"  which  runs  west  from  the  fork  of  Green  Ferry  and  Mayson's 
and  Turner's  Ferry  roads  at  Baker's  store  to  the  city  limits,  is  changed 
to  Battle  Hill  avenue. 

Sec.  1156.  The  name  of  Calhoun  street  is  changed  to  Piedmont 
avenue.     The  name  of  Emma  street  is  changed  to  North  avenue. 

Sec.  1157.  The  street  running  from  Brotherton  streec  to  Fair 
street  is  given  the  name  of  Whitehall  Place. 

Sec.  1158.     The  name  of  Blanche  street  is  changed  to  Evans  street. 

Sec.  1159.  The  name  of  McPlierson  avenue  is  changed  to  Murphy 
avenue.  The  name  of  Milledge  street,  in  fifth  ward,  is  changed  to 
English  avenue.  The  name  of  Caldwell  avenue  is  changed  to  York 
avenue. 

Sec.  1]()().  The  name  of  ]\Iadison  aveiiut'.  in  the  third  ward,  is 
changed  to  Cherokee  avenue. 

Sec.  IKil.  The  name  of  Railroad  aveime,  from  junction  of  White- 
hall and  Peters  street  to  Gordon  avenue,  is  changed  to  Whitehall  street. 


Lyon  avenue. 


C'hange  name 
of  streets. 


Feb.    IS,    18!)2. 


Hemphill  ave 
April  13,   1892. 


April  21,   1892. 


Porter    Place. 
April    7,    1899. 


Gaskell    street. 
April  21,   1892. 


Auburn  avenue. 

April  21,   1893. 


Madison   street. 
April  17,   1893. 


Kingsley   street 
Mav  3,  1893. 


Cattle   Hill 
avenue. 
June  3,   1893. 


June  4,    1891. 
June  22,    1891. 

Whitehall 

Place. 

March  21,   1894. 

March  7,  1894. 


McPherson 
avenue. 

Feb.  22,  1894. 
Sept.  6,  1894. 
March  7,  1894. 

Madison  avenue 
changed  to 
Cherokee    ave 
Aug.    8,   189.5. 
To  cliange  the 
name   of   Rail- 
road avenue. 
Oct.   8,   ]897. 


Part  III. — Ordixaxces.  291 


Sec.   116-^.     The  name  of  Glynn    street    is    changed    to  Olenwood  ^ha^-^gin? 

,,p  Glynn  street 

a\enue.  ^^^^   ig_  ig97 

Sec.  1163.     Whereas,  Joseph  Gatins,  and  a  number  of  otlicr  citi-^^  change  the 
zens,  living  and  owning  property  on  Jenkins  street,  petition  for  change  {l^^^g^^^g/j^"^' 
of  the  name  of  that  street ;  and  whereas,  the  Mayor  and  General  Coun-  Xov.  is,  isqt. 
cil  deem  it  fitting  to  grant  such  request:  the  name  of  Jenkins  street, 
from  Piedmont  avenue  to  Pratt  street,  is  changed  to  Armstrong  street. 

Sec.  116-1.     The    name    of    that    portion   of    Butler    street,    lying  ^oj^i^ange^t^he 
between  Capitol  avenue  and  Hunter  street,  is  hereby  changed  to  Cen-  g/reet"^'^ 
tral  Place.  xov.  3,  isy-. 

Sec.  1165.     It  shall  be    unlawful   for   any   person  to  write,  print, 
paint,  or  paste  any  letter  or  letters,  or  other  advertising  device,  upon  the  on  sidewalks'^' 
sidewalks  of  the  City  of  Atlanta,  or  upon  the  walls,  windows,   doors  prohibited, 
or  fence  of  another  without  the   consent  of  the  owner.      Any   person  Dec.  3,  isss. 
violating  this  ordinance    shall,    on    conviction    before  the  Recorder's 
Court,  be  fined  not  exceeding  one  hundred  dollars,  or  be  imprisoned 
not  exceeding  thirty  da3's,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1166.     Blackman  street,  from  Forest  avenue  to  Jackson  street. 

Summit    ave. 

js  changed  to  Summit  avenue.     Morris  street  from  Jackson  street  to  East  avenue, 
city  limits  is  changed  to  East  avenue.  •^''"-  -^'  ^^^^• 

Sec.  1167.     Peters  street  from  Forsyth  east  to  junction  with  Fair^^j^it,.  avenue. 
is  changed  to  Trinity  avenue.  March  5,  i89i. 

Sec.  1168.     The  brick  sidewalks  on  Ponce  de  Leon  avenue  shall  beponce  de  Leon 
laid  so  as  to  leave  a  grass  plat  of  four  feet  between  the  brick  and  curb-  wa1ks.^~^^  ^ 

iuo-.  Sept.   17,  1890. 

Sec.  1169.     jSTo  person  shall  excavate  anv  street  for  the  purpose  of 

^  "  r       r  Excavations 

laying  sewer,  gas,  or  water  pipes,  or  for  any  other  purpose,  until  said— bond  requir- 
person  shall  have  executed  a  bond  with  good  security,  to  be  approved        ., 
by  the  Commissioner  of  Public  Works,  conditioned  to  pay  the  City  of 
J^tlanta  any  damage  it  may  sustain  by  reason  of  said  excavation. 

Sec.  1170.     All  parties  who  enter  the  streets  and  sidewalks  of  the  ^j^^^  ^^^  ^^^^^ 
city  for  the  purpose  of  laying  pipe  of  any  description,  and  who  have  an  gJ^J^g^^^J,  f^^^' 
occasion  to  cut  through  the  curbstone,  are  hereby  required  to   cut   a  p'p^^- 
circular  hole  the  size  or  dimension  of  the  pipe  through  the  curbstone,  °'^*-  ®'  ^^^■ 
and  on  failure  to  comply  with  this   ordinance   that  they  be  fined  in  a 
sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars, or  imprisonment  for  not  more  than  thirty  days,  either  or  both,  in 
the  discretion  of  the  Recorder's  Court. 

Sec.  1171.  The  employes  of  the  Water  Commissioners  shall  be  connections 
permitted  to  open  the  streets  of  the  city  for  the  purpose  of  making  con-  maL^^*" 
nections  with  the  water  mains,  repairing  broken  pipes  and  for  doing 
any  other  work  necessary  for  the  efficiency  of  the  waterworks,  and  the 
security  of  its  property  and  appliances,  without  getting  a  permit  from 
the  City  Engineer  or  the  Commissioner  of  Public  Works,  but  subject, 
nevertheless,  to  all  the  regulations  prescribed  in  this  ordinance. 


292  Part  III. — Ordixaxces. 


Sec.  11T"2.  For  evory  opening  necessary  to  be  made  in  any  street, 
paved  or  unpaved,  a  certificate  shall  issue  and  be  signed  by  the  sec- 
retary or  superintendent  of  the  waterworks,  which  shall  show  that  the 
person  doing  the  work  is  an  employe  of  the  Waterworks  Department 
and  is  authorized  to  do  the  particular  work  upon  which  he  is  engaged. 
Such  a  certificate  shall  be  necessary  and  sufficient  for  the  protection 
of  the  workman  in  the  case  of  each  opening  made. 

Sec.  1173.  The  workman  in  charge  of  each  opening  shall  notify 
the  Chief  or  Acting  Chief  of  the  Fire  Department  of  such  opening, 
which  is  not  to  be  closed  before  night,  by  two  (2)  o'clock  p.  m.,  daily, 
and  shall  also  see  to  it  that  every  such  opening  is  properly  protected  by 
lights  at  night  to  prevent  injuries  to  persons  or  property  of  persons 
traveling  the  street. 

Sec.  1174.  The  workman  in  charge  of  any  such  opening  at  which 
his  work  is  completed  may  relieve  himself  and  the  Waterworks  Depart- 
ment from  responsibiblity  therefor  by  notifying  the  Commissioner  of 
Public  Works  in  writing  by  two  (2)  o'clock  p.  m.,  of  the  existence,  lo- 
cation and  character  of  such  opening,  and  that  it  is  ready  for  refilling, 
and  it  shall  then  be  the  duty  of  the  said  Commissioner  to  refill  the 
same,  and  until  it  is  refilled  to  give  the  Fire  Department  notice  cf  its 
existence  and  location,  and  also  to  have  the  necessary  lights  placed  and 
kept  in  position  at  such  openings. 

Sec.  1175.  Any  person  found  by  the  officers  or  members  of  the 
police  force  removing  the  belgian  blocks,  rubble,  macadam  or  sand  or 
earth  from  the  streets  or  sidewalks  without  a  permit  from  the  Commis- 
sioner of  Public  Works  or  a  certificate  from  the  water  office,  as  provided 
for  by  this  ordinance,  shall  be  arrested,  and  upon  conviction  shall  be 
punished  by  fine  of  not  more  than  one  hundred  dollars,  or  imprisoned 
not  exceeding  thirty  days,  in  the  discretion  of  the  Recorder's  Court, 
and  any  person  violating  any  other  provision  of  this  ordinance  shall  be 
subject  to  the  same  punishment  herein  stated. 

Sec.  1176.     It  shall  be  the  duty  of  all  persons  doing  any  kind  of 
work  on  the  streets  of  this  city,  such   as   paving,   laying  sewers,  side- 
Fire  "  Depart-    walks  and  curbing,  moving  buildings,  or  any  other  work  that  in  any 
in  streets.        way  obstructs  the  free  passage  of  the  same,  to  notify  the  Chief  of  the 
Fire  Department  of  the  same  before  such  work  is  commenced  and  on 
the  completion  of  the  same. 

Sec.  1177.  A  violation  of  this  ordinance  shall  be  punished,  upon 
conviction  before  the  Recorder's  Court,  by  a  fine  of  not  over  one  hun- 

Penaltv.  ,   .  \  i      ,  i 

dred  dollars,  or  imprisonment  for  thirty  days,  or  both. 

the  ORDIXAXCE  for  GRAXITE  block  PAVIXG  AXD  CURBIXG. 

Sec.  1178.  The  proposition  of  Yenable  Brothers  for  furnishing 
and  laying  curbing  for  said  city  for  the  five  years  of  1891,  1802,  1893, 
1894  and  1895,  and  for  furnishing  and  laying  graiiite  l)locks  for  said 


Part  III. — Ordinances.  293 


city  for  the  term  of  five  years,  commencing  with  the  expiration  of  the  venawe 'bV' 
present  contract  between  the  city  and  S.  H.  Venable  for  said  granite  ^"^••^ ^^'^*»;;| 
bloclv  paving  work— being  for  tlie  years  1892,  1893,  1894,  1895  and  ^g^g^P^^f -f^"- 
1896,  besides  the  year  1891,  as  hereinafter  provided  for— is  accepted '"'='"^*^«- 
as  follows :' 

Sec.  1179.     The  price  to  be  paid  for  furnishing  and  laying  granite  p^ce  of  curb- 
curbing,  nnder  specifications  as  heretofore  furnished  and  laid  in  the [,"f  uneli%ot. 
City  of  Atlanta  is  thirty-five  cents  per  lineal  foot;  and  said  Venable 
Brothers  are  to  allow  the  owners  of  abutting  property  the  privilege  of  frs^maTpaTaii 
paying  for  the  furnishing  and  laying  of  said  curbing,  at  the  option  of  ^^^'j.  "^'Jh  ?nd 
such  owners,  as  follows:     Twenty-five  per  cent,  in  cash  within  thirty I'f'and^' years 
(30)  days  after  the  completion  of  the  work  and  presentation  of  bill  for^^ent.  Vterest. 
the  same,  and  twenty-five  per  cent,  each  year  for  three  years  thereafter, 
with  interest  at  seven  per  cent,   per   annum  on  all  such  deferred  pay-  Granite  blocks 
ments  until  paid.     The  price  to  be   paid   said   Venable   Brothers  for  fj^ar^*  Pfrd. 
furnishing  and  laying  said  granite  block  pavement,  under  the  specifica- 
tions now  of  force  with  reference  to  such  granite  block  paving  in  At-  city  to  pay 
lanta,  is  $1,493/4  per  square  yard;  and  said  Venable  Brothers  are  to  re-  oi\osToi  pav- 
ceive  from  the  city  the  one-third,  or  amount  to  be  paid  directly  by  the  and  To  If  ' 
city,  under  the  present  laws,  in  cash  on  estimates  as  the  work  progress-  companies.  ' 
es,,and  on  final  estimates.    Said  Venable  Brothers  shall  allow  abutting 
nronertv  owners  to  pay  their  proportion  as  follows,  at  their  option :  But  abutting 

tL  r.  ,     .  1         •,,  •       ,1  •    ^       1  £1.       ^i_  1     •  owners  to  '- 

Twenty-five  per  cent,  m  cash  withm  thirty  days  after  the  work  is  com-  same  opt 
pleted  and  the  presentation  of  bills  for  the  same,  and  twenty-five  per  curWng! 
cent,  each  year  for  three  years  thereafter,  with  interest  at  seven  per 
cent,  per  annum  on  all  such  deferred  payments  until  paid;  provided, 
that  in  the  matter  of  curbing  and  granite  block  paving,  the  abutting 
property  owners  shall  have  the  privilege  of  paying  all  cash  within 
thirty  days  after  the  completion  of  the  work,  and  presentation  of  bill 
for  the  same,  should  any  such  property  owner  so  prefer. 

Sec.  1180.     Until  legislation  by  charter  amendment  is  obtained 
authorizing  the  City  of  Atlanta  to  transfer  to  the  contractors  for  the  to  be  transferr- 

,  .,        1  T      1  -J!  11      J.-         1      e'l  to  eontrac- 

work  all  bills  for  curbing  and  granite  block  paving  for  collection  by  tors  wiio  re- 

•,.,-.  ^        •  1  •      T       L     1     o     TT    lease  the  city 

such  contractors,  and  on  the  installment  basis  as  above  indicated,  S.  M.  and  look  only 

,  .  -.to   abutters. 

Venable,  who  is  the  present  contractor  for  granite  block  paving,  and 
Venables  Brothers,  hereby  agree  to  take  from  the  city  the  amount  of 
all  such  curbing  and  granite  block  paving  bills  after  /?.  fa.  has  been  is- 
sued for  the  same,  and  take  a  transfer  of  all  such  /i.  fas.  under  the  pres- 
ent law  authorizing  the  same,  and  then  allow  the  abutting  property 
owner  thirty  days  after  the  presentation  of  such  fi.  fa.  within  which  to 
make  a  payment  of  twenty-five  per  cent,  on  the  same,  or  to  pay  the 
whole  of  such  fi.  fa.  should  such  property  owner  so  prefer. 

Sec.  1181.     But  said  Venable  Brothers  shall  give  to  such  property 
owner  the  right  to  pay  such  fi.  fa.,  or  the  amount  thereof,  by  paying 


owners  to  have 
same     option 
as  in  case  of 


The  contract  has  expired,  but  the  matter  is  retained    because   some    of   the    work    has    not 
been  paid  for. 


294  Part  III. — Ordinances. 


Option  of  prop-  twentj-five  per  cent,  of  the  same,  within  the  time  after  presentation 
pa/  cair  or  ^°  °^  ^^^^  Same,  as  above  provided,  in  cash,  and  to  pay  twenty-five  per  cent. 
installments,  ^f  ^j^g  g^j^g  f^j.  ggp|-^  q£  ^j^g  ^-j-^j-gg  years  thereafter,  at  seven  per  cent, 
interest  per  annum  on  all  such  deferred  payments,  and  said  city  shall 
in  no  event  be  liable  to  either  S.  H.  Venable  or  to  Venable  Brothers 
for  bills  or  fi.  fas.  against  property  owners  or  street  railroads  or  street 
railroad  companies. 

Sec.  1182.     Until  such  legislation  as  is  desired  by  said  city  as  above 

City  not  liable  indicated  can  be  obtained,  the  usual  and  ordinary  machinery  of  said 

owner's'^pro-      ^'ity  Government  provided  by  law  in  cases  of  transfer  of  fi.  fas.,  shall 

'"'''*''"  be  afforded  said  Venable  Brothers,  as  to  all  fi.  fas.  which  they  shall  pay 

off  and  take  a  transfer  of  as  above  stated.     But  said  city  shall  in   no 

event  be  liable  on  any  such  fi.  fa.  after  the  same  has  been  transferred  to 

said  Venable  Brothers,  or  to  S.  H.  Venable. 

Sec.  1183.     Should  the  desired  legislation  be  obtained,  then    the 

Machinery  of    usual  and  Ordinary  machinery  of  the  City    Government    as    may    be 

brus"d"by^con-  reasonably  and  legally  provided  in    such    new    legislation,    shall    be 

cotiectTng"       afforded  said  Venable  Brothers  in  all  matters  relating  to  the  collection 

bill"!  ^etc.         of  their  bills  against  property  owners  for  curbing  and  granite  block 

paving,  but  said  city  shall  in  no  event  be  lialjle  on  or  for  any  such  bill 

for  the  proportion  of  property  owners  for  either  curbing  or  granite 

block  paving;  but  said  Venable  Brothers  and  S.  H.  Venable  shall  look 

solely  to  such  property  owners  for  the  same,  and  to  any  lien  in   their 

favor  on  abutting  property.     And  all  provisions  in  the  contract  to  be 

not  to  share'  of  entered  into  providing  for  transfer  of  fi.  fas.  to  said  Venable  Brothers, 

stTiimfnt"pay-  and  to  transfer  of  curbing  and  paving  bills  to  them    shall    apply    to 

fi.  fas.  and  bills  against  street  railroads  and  street  railroad  companies^ 

the  same  as  in  cases  of  abutting  property  owners  in  all  respects,  except 

as  to  payment  by  installments  as  to  street  railroads  and  street  railroad 

companies. 

Sec.  1184.     S.  H.  Venable,  who  has  the  present  contract  with   said 
s.  H.  Venable   city  for  grauitc  block  paving,  and  who  is  a  member  of  the  firm  of 

to  mersfc  ex- 

isting  contract  Vcuablc  Brothers,  with  whom  the  city  is  now  contracting,  is  also  to 
inff  in  this  cm-  coutract  and  agree  that  all  work  heretofore  done  the  present  year,  or 
that  may  be  hereafter  done  under  said  granite  block  paving  contract 
with  him  during  the  present  year  shall  be  considered  and  treated  as 
done  under  this  contract,  so  far  as  relates  to  payment  by  installments, 
and  transfer  of  fi.  fas.,  except  as  hereinafter  provided. 

Sec.  1185.     Should  the  city  obtain  the  legislation  whicli  it  desires 

for  making  the   payment  for  granite  curbing  and  granite  pavement 

be  obtained       by  installments  more  efficient,  said  city  will  endeavor  to  obtain    the 

to  make  in-  "^  ^  ./ 

staiment  pay-  same  in  substancc  as  indicated  herein,  but  without  further  specifying 

ments   eflftcient.  i 

in  detail  as  to  the  same,  and  in  such  legislation  will  endeavor  to  have 
enacted  a  reservation  to  the  contractor  or  contractors  taking  the  bills 
for  such  work,  and  looking  only  to  the  abutting  property  and  abutting 


Pakt  III. — Ordixances.  295 


property  owners,  and  to  street  railroads  and  street  railroad  companies  ^^^  ^^  p^^. 
for  payment,  the  continuance  of  lien  on  such  abutting  property    and  'oJi^pavhf-.'lTc. 
such  street  railroads  and  street  railroad  companies,  in  favor  of  such  1°^^^''  contrac- 
contractor  or  contractors,  the  same  as  now  exists  by  law  in  favor  of 
said  city,  except  that  installment  payments  shall  not  apply  to  street 
railroads. 

Sec.  118G.     The  City  of  Atlanta,  in  this  agreement,  expressly   re- city  may  put 
serves  the  right,  directly  or  through  its  own  officers  and  agents,  to  lay  ki'nS  of  curb- 
curbing  and  street  pavements  out  of  any  other  or  different  materials  -directfvT/ 
to  those  hereinabove  provided  for,  or  to  contract  with  others  for  laying  ^^  t^^itrac . 
such  other  and  different  pavements. 

Sec.  1187.     If  legislation  is  obtained  making  it  applicable  in   such  instalments  to 
cases,  then  payments  by  installments  shall  apply  to  all  bills  for  curb-  clb^e^o''  bm^ '' 
ing  and  granite  block  pavement  as  to  abutting  property  owners  for  alCransferred. 
curbing  and  granite  block  paving  done  in  1891,  whether  fi.  fa.  has  been 
issued  for  the  same,  or  whether  the  bills  or  accounts  for  the  same  are 
still  open,  without  having  been  carried  to  fi.  fa. 

Sec.  1188.     Said  Venable  Brothers  shall  execute    to    the    City   of  Bond  to  be 

^    -,  iT-i  T  ■ ,        ,      1  iiiAr  ■j_i      ?iven  for  $100,- 

Atlanta  bond,  with  good  security,  to  be  approved  by  the  .Mayor,  m  the  ooo. 
sum  of  $100,000.00,  for  the  faithful  carrying  out  of  their  contract  for 
furnishing  and  laying  curbing,  and  for  furnishing  and  laying  granite 
block  pavement,  in  accordance  with  the  contract    and    agreement   for 
the  same. 

Sec.  1189.     The  Mavor  of  the  citv  is  herebv  authorized  and  directed  Contract  to  be 

made    by   the 

to  execute  for  and  in  behalf  of  said  city  a  contract  in  accordance  wnth  Mayor,  by 

"^  Venable    Bros. 

the  foregoing  provisions  with  said  Venable  Brothers,  and  said  S.  H.  and  by  s.  h. 

'^         "    ^  Venable. 

Tenable  shall  also,  in  writing,  sign  said  contract,  before  the  same  shall 
have  any  force  or  effect. 

Sec.  1190.     Xo  one,  whether  abutting  property  owners  or  others,^    .  ,,. 

'  &    I        1         ,  ;■  Sprinkling   as- 

shall  be  allowed  to  sprinkle  or  throw  water  upon  any  street  in  the  City  phait  streets, 
of  Atlanta  paved  with  asphalt,  except  as  authorized  by  the  Board  of  ^'o^-  «.  i^os. 
Health. 

Sec.  1191.  Any  one  convicted  of  violating  the  above  section  shall 
be  fined  not  more  than  ten  and  not  less  than  one  dollar  for  each  offense, 
upon  conviction  in  the  Eecorder's  Court. 

Sec.  1192.     It  shall  be  unlawful  for  any  one  to  erect  anv  permanent  ^        , 

•'  -^    ^  Encroacli- 

obstructi on  in,  upon  or  below  the  streets  or   sidewalks   of   said    citv.  "T'*  „"p°'^ 

'      '-  ^     sidewalks   pro- 

That  no  windows,  steps  or  other  such  obstruction  shall  be  put  in  any  ^^'^i"*^- 
building  so  as  to  extend  in  or  upon  any  sidewalk  or  street  in  said  city^"^-  -^'  ^^^^• 
or  overhang  the  same.  Xo  step  shall  be  constructed  from  a  cellar  up 
to  the  sidewalk,  where  the  same  extends  out  upon  the  sidewalk.  Any 
party  in  building  or  repairing,  or  adding  to  a  building  in  said  city, 
desiring  to  build  a  bay  window  over  the  sidewalk,  or  to  erect  steps 
from  a  cellar  up  to  and  upon  the  sidew^alk,  to  be  protected  by  iron  bars 
or  railing;  or  to  excavate  and  use  space  under  sidewalk,  shall  obtain 


296  Part  III. — Ordinances. 


permission  from  the  Mayor  and  General  Council.     The  petition  ask- 
ing for  such  privilege  shall  set  out  fully  the  plan  of  the  building,  the 
use  intended  therefor  and  the  reasons  for  said  obstruction  desired. 
Sec.  1193.     Any  person  violating  this  ordinance  shall,  upon  con- 
Penaity.  victiou  thereof  before  the  Eecorder's  Court  of  said  city,  be  fined  in  a 

Nov.  21,  1894.  g^^j^^  j^Q^  jggg  than  five  dollars  nor  more  than  five  hundred  dollars,  or 
be  imprisoned  not  exceeding  thirty  (30)  days.  Said  party  shall  also 
remove  said  obstruction  instanter,  and  failing  to  do  so,  shall  be  liable 
to  be  punished  as  aforesaid  for  each  day  said  obstruction  is  allowed  to 
stand.  This  ordinance  shall  not  in  anywise  interfere  with  the  right  ot:' 
the  city  to  tear  the  same  down,  as  now  exists. 

Sec.  119-1.     It  shall  be  unlawful  for  any  person   to    leave    on    the 
usVmust  be      strccts  any  vehicle  not  then  in  actual  use,  without  written  consent  of 
kept  off  streets  ^^^^^  ^^^  Chiefs  of  Fire  and  Police  Departments.     Any  person  con- 
victed of  violating  this  ordinance  shall  pay  a  fine  of  not  less  than  one 
dollar  nor  more  than  one  hundred  dollars,  in  the  discretion  of    tlie 
Recorder's  Court. 
Bootblacks  ^^^-  1195-     Every  person  who  desires  to  engage  in  the  business   of 

A  rii  5  1803  blacking,  oiling  or  shining  boots  and  shoes  on  the  streets  of  Atlanta 
shall  register  his  name  with  the  Chief  of  Police  in  a  book  to  be  kept 
by  him  for  said  purpose.  It  shall  be  the  duty  of  the  Chief  of  Police 
chie^f^^of  ^Police  j-q  assigu  each  person  certain  space  on  the  streets  within  which  they 
shall  work,  exercising  discretion  when  he  shall  change  their  places  in 
order  to  give  a  fair  and  equal  opportunity  to  each.  Any  person  fail- 
Penaity.  |j^g  ^^  register  with  the  Chief,  or  failing  to  obey  the  orders  of  the 

Chief,  given  under  the  provisions  of  this  ordinance,  shall  be  fined  not 
less  than  one  nor  more  than  ten  dollars,  or  imprisoned  not  less  than 
one  nor  more  than  ten  days. 

Sec.  1196.     It  shall  be  unlawful  for  any  person  to  ride  a  bicycle  or 

Bicycles.  velocipede  upon  any  of  the  sidewalks  within  the  city  limits  of  Atlanta. 

Must  not  ride        Sec.  1197.     All  pcrsous  riding  bicycles  are  required  to  have  gongs 

on   sidewalks.   ^^  ^^^^^  ^^  ^^^.^  machiucs,  and  they  are  required  when  approndiing 

street  crossings  to  ring  said  gongs  or  bells  so  that  sufficient  warning 

may  be  given  to  persons  of  their  presence. 

Sec.  1198.  It  shall  be  unlawful  for  any  person  riding  a  ))ieych'  in 
Ring  bell  at      tfie  City  of  Atlanta  to  make  a  greater  rate  of  speed  than  six  mi  Irs   an 

street   crossings  •'  j_    •  t         j.         •  i    i  • 

hour  within  the  fire  limits,  and  ten  miles  an  hour  outside  ot  saul  lim- 
its. Any  person  violating  this  ordinance  shall  be  punished,  on  convic- 
tion thereof,  by  fine  not  exceeding  one  hundred  dollars  or  imprison- 
ment not  exceeding  thirty  days,  eitlier  or  l)oth,  in  the  discreticm  of  tlie 
Recorder's  Court. 

Sec.  1199.  It  shall  bo  unlawful  for  any  person  riding  a  hicyclr  in 
KiiefpeJ^""  the  City  of  Atlanta  to  run  between  street  cars  when  passing  each  othci', 
''°"'"-  or  to  run  in  front  of  a  moving  car  within  less  than  fifty  feet  of    the 


Part  III. — Ordixaxces.  2'>7 


car,  wliether  for  the  purpose  of  crossing  the  car  tracks  or  of  using  the 
portion  of  the  street  between  the  rails. 

Sec.  1200.     In  all  cases  of  injuries  to  persons  on  the  streets,  result- 
ing from  the  collision  between  the  person  so  injured  and  a  bicycle,  pre-  ^^^^^^^^  ^^^^^ 
sumption  shall  be  that  such  injury  was  the  result  of  negligence  or  of  a 
violation  of  this  ordinance  on  the  part  of  the   rider   of    the    bicycle, 
which  presumption  may  be  rebutted  by  evidence. 

Sec.  1201.     Xo  person  shall  use  roller  skates  for  the  purpose  of  R^iier  skates, 
skating  upon  any  of  the  streets  or  sidewalks  of  said  City  of  Atlanta.       ^'''• 

Sec.  1202.     Any  person  violating  this  ordinance  shall  be  fined  not  jyjy  g^  iggg 
more  than  twenty-five  dollars,  or  imprisoned  not    more    than    thirty 
days,  either  or  both,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1203.     The  grade  of  Park  street,  between  Lee  street  and  Ashby  Filing  enade 
street  shall  be  changed  to  conform   to   the   red   line   shown  on  profile  ° 
hereto  attached,  and  this  grade  be  adopted  as  the  permanent  grade  of   "^ '  '' 
the  street,  and  that  the  Commissioner  of  Public  Works  be  directed  to 
regrade  the  street  to  conform  to  this  profile  at  a  cost  not  exceeding 
$400.00,  to  be  taken  from  the  streets  ordinary  fund. 

Sec.  1204.  Whereas,  The  construction  of  the  bridge,  or  viaduct, 
on  Mitchell  street,  between  Madison  avenue  and  Elliott  street,  will 
throw  out  of  use  as  a  street  that  portion  of  Markham  street  between 
Elliott  street  and  the  railroad  tracks  of  the  Southern  Railway  Com- 
pany lying  east  of  Elliott  street ;  and 

Whereas^  The  Southern  Eailway  Company  owns  the  land  on  lj(jth 
sides  of  that  portion  of  Markham  street  so  thrown  out  of  use ;  and 

Whereas,  The  construction  of  said  viaduct  or  bridge  renders  it  im- 
portant to  widen  Elliott  street  between  Chapel  street  and  Mitchell 
street ;  therefore : 

Sec.  1205.  His  Honor  the  Mayor  he,  and  he  is,  hereby  authorized 
and  directed  to  convev  the  land  included  within  the  limits  of  that  por-  Ordinance  con- 

"  ^  veymg  part  of 

tion  of  ilarkham  street,  between  a  point  twenty  feet  east  of  the  pres-  ^^'^'^g'^^i?  ^4"^^^*^ 
ent  eastern  line  of  Elliott  street  and  the  tracks  of  the  Southern  Eail- '■'^'i^'ay- 
way  Company,  to  the  Southern  Railway  Company  in  exchange  for  a 
strip  of  land  twenty  feet  wide  lying  at  the  east  side  of  Elliott  street,  as 
now  defined  and  extending  to  that  width  from    the    north    side    of 
Chapel  street  to  the  south  side  of  Mitchell  street,  so  as  to  add  twenty  gjij^j^t  ^^^^^ 
feet  to  the  width  of  Elliott  street  on  its  east  side  from  Chapel  street  ^"^ened. 
to  Mitchell  street. 

Sec.  1206.     Be  it  further  ordained  by  the  authority  aforesaid,  That 
on  the  execution  of  said  contract  of  exchange  of  these  properties,   the  ^^^-  ^^'  ^^^^■ 
City  of  Atlanta  and  said  Southern  Railway  Company,  that  portion  of 
Markham  street  so  conveyed  to  the  Southern  Railway  Company  in  ex- 
change, as  aforesaid,  shall  be  vacated  as  a  street. 

Sec.  1207.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
firms,  corporation  or  corporations,  to  make  excavations  or  place  build- 


298  Part  III. — Ordinances. 


Building    mate- 
rial not  to  oc-  gL^  ^]^g  same  time,  unless  authority  of  the  Mayor  and  General  Council 

cupy  both  sides  ' 

of  any  street.  ]^q  obtained.  Any  person,  firm  or  corporation  violating  the  terms  of 
Oct.  7,  1S98.  ^jjjg  section  shall,  on  conyiction,  be  punished  by  fine  not  exceeding  one 
Penalty.  hundred  dollars,  or  imprisonment  not  exceeding  thirty  days,  in  the 

discretion  of  the  Eecorder's  Court. 

Sec.  1208.  Xo  ^vork  shall  be  done  Ijy  the  city  on  private  property 
Private  prop-  abutting  ou  street  ^yhich  has  been  graded  by  the  city,  unless  the  same 
gradeTVher'e'^  is  douc  in  Settlement  of  all  claims  for  damages  on  account  of  said 
ae^Js'"on°ac^'''"  grading,  except  that  the  Commissioner  of  Public  Works  may  cut  or 
g?ading°*  ^*'"'"'*  arrange  steps  at  the  owner's  request  for  ingress  or  egress  into  or  from 
said  property. 

Sec.  1209.     When  work  is  done  in  settlement  of  any  claim  for  dam- 
ages, it  must  be  done  on  the  written  request  of  the  owner,  wdiich  shall 
miist'be'ln'^se^  show  what  is  to  bc  doue  and  that  it  will  be  accepted  when  done  in  set- 


tlement of 

claims. 


tlement  of  any  claim  for  damages  on  account  of  grading  of  the  street 
upon  which  the  property  abuts. 

Sec.  1210.  On  the  completion  of  the  work,  a  release  shall  l)e  drawn 
Release  from  by  the  City  Attorney,  signed  by  the  property  owner  for  whom  the  work 
fiiel"  with  '""  was  done,  which  request  for  the  work  and  release  shall  be  filed  in 
Comptroller.      Comptroller's  office. 

Sec.  1210(a).  The  Comptroller  shall  keep  a  book  in  which  shall 
Comptroller  bc  entered,  in  alphabetical  order,  the  names  of  all  parties  for  whom 
showin'^  die""   work  is  done,  and  the  amount  of  work  done,  the  place  where  it  is  done 

work  done.  ,    .,  .       „  .  , 

and  the  amount  oi  money  paid. 

Sec.  1210(b).  The  Comptroller  shall  also  enter  in  such  l)ook  in 
to' be'^ente^ed"  like  manner  the  names,  date  and  the  amount  paid  by  the  city  in  all  set- 
troiier'^inT'^    mcnts  uiadc  by  the  city  on  account  of  damages  for  grading  streets  and 

book.  .     .       .         .  '  ,      . 

Feb.  25,  1898.   iiijuries  to  porsoii  or  property. 

Sec.  1211.  The  present  grade  of  that  portion  of  Marietta  street 
Grade  of  part  upou  whicli  the  property  of  Dr.  Abner  W.  Calhoun,  between  iMu-sytli 
street.  and  Spring  streets,  abuts,  be,  and  the  same  is,  hereby  fixed  as   the  ])t.'r- 

Aug.  19,  1S98.   manent  grade  of  that  portion  of  said  street. 

Sec.  1212.  It  shall  be  the  duty  of  the  Commissioner  of  Puhlie 
Works,  wheneyer  any  belgian  blocks  or  other  ])aying  material  laid  in 

New   sand    to  '  ,        .  .  . 

be  used  in  re-  sand  is  taken  up,  to  permit  the  laying  of  water  pipes,  sewer  pipes,  gas 

placing  paving  i^i  ^       ^  ±    x 

materials.         pipes,  coiiduits  or  othcr  underground  structures,  or  for  the  purpose  oi 
Sept.  23,  1808.  buiidiiig,  repairing  or  rebuilding  street  railway  tracks,  or  for  any  other 
purpose,  to  use  or  to  require  the  use  of  new  sand.     Any  person  or  cor- 
poration violating  the  provisions  of  this  ordinance  shall  be  fined  not 

Penalty.  r  o  i  •  i 

exceeding  the  sum  of  one  hundred  ($100.00)  dollars,  or  be  imprisoned 
not  exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the  Re- 
corder's Court. 

Sec.  1212  {(i).  Any  person  or  corporation  who  shall  take  up  i>i' 
opea  the  pavement,  or  any  portion  thereof,  of  any  street,  shall  pay  the 


Part  III. — Ordinaxces. 


299 


Inspector  appointed  by  the  city  to  inspect  the  repaying  of  the  same,  ^j^jzens  open- 
the  sum  of  three  cloUars  per  day  for  the  time  occupied  in  repaying  said^"^g^P*^™^^^ 
portion  of  the  street  payement  so  removed  or  opened.     The  provisions  °lj.^'^^'  Ji^spec- 
of  this  ordinance  not  to  apply  to  work  done  by  the  city  employes   for  ^^^^  ^^^  jg^g 
which  other  parties  pay. 


CHAPTER  XXXII. 


SEWERS,  PERMITS,  ETC. 


Section. 

1213.  Authority    to    construct    sewers. 

1214.  Damages  to   private   property. 

1215.  Tapping    and    connections    regulated. 

1216.  Connections   in   discretion   of   Council. 

1217.  Must  be  kept   in   order  by  occupants   of 
premises. 

1218.  Putting  down  sewer  or  gas  pipes. 

1219.  E.xcavating    in    streets   regulated. 

1220.  How   refilled   and   replacing   of    improve- 
ments. 

1221.  Penalty   for   work    without    permit,    etc. 

1222.  Record  of  permits  kept  by  Engineer. 

1223.  Duties   of   police   in    this  matter. 

1224.  Earth     replaced     must    be    puddled    and 
packed. 

1225.  Mains    and    pipes   314     feet     below     sur- 
face. 

1226.  Commissioner    Public    Works    to    restore 
fences    removed    in    grading. 

1226  (a).  Lay  drain  pipes. 

1227.  System  of  sewers  provided  for. 

1228.  Sewers    laid    under    Act      November     S, 
1889. 

1229.  Assesses  70  cents  lineal  foot  on  abutting 
property. 

1230.  Material,   etc.,   in   discretion  of  Council. 


Section. 

1231.  Cost  above  assessment  paid  out  of  ap- 
propriation. 

1232.  Time  and  manner  of  connections  con- 
trolled. 

1233.  Damages  to  private  property — how  as- 
certained. 

1234.  Assessors  provided   for. 

1235.  Deduction  in  case  of  corner  lots  when 
both  fronts  are  laid. 

1236.  Assessment   a   lien   upon  property. 

1237.  Notice  given  before  laying  sewer. 

1238.  All  sewers  to  be  constructed  under  this 
ordinance. 

1239.  Old  culverts  abandoned — new  sewers 
used. 

1240-1241.  Connections — when    and    how    made. 

1242-1244.  Sewer,  gas,  etc.,  connections  on 
Peachtree  street. 

1245-1246.  Sewer,  gas  and  water  pipe  con- 
nections  on   Forsyth    street. 

1247.  Gas  and  water  connections  on  North 
avenue. 

1248.  Gas  and  water  connections  on  Washing- 
ton  street. 

1249.  Penaltj'  for  failure  to  use  new  sewers. 

1250.  Connections — when    made. 

1251.  Si.x  months  allowed. 


Sectiox  1-213. 


The  Mayor  and  General  Council  shall  have  full  pow-  ..... 
er  and  authority  to  lay  down  sewers  and  drains  in  said  citv,  and  assess  t|»e  Mayor  and 

•■  -^  .  '  Council  to 

the  amount  of  the  cost  of  laying  and  constructing  the  same  upon  the  construct  sew- 
real  estate  abutting  on  streets  through  and  along  which  sewers  and 
drains  may  be  placed  and  constructed,  and  upon  any  real  estate 
through  or  upon  which  the  same  may  be  constructed  or  placed.  All 
work  of  laying  down  or  constructing  .sewers  and  drains  shall  be  done 
under  the  direction  and  supervision  of  the  Commissioner  of  Public 
Works  and  City  Engineer.  The  City  Engineer  shall  furnish  to  the 
Mayor  and  General  Council  information  and  advice  as  to  the  necessi- 
ties of  any  parcicular  locality  for  sewerage,  the  kind  of  sewerage  that 
may  be  desirable,  with  estimates  of  the  cost  of  the  same,  and  shall  fur- 
nish plans  and  profiles  and  such  other  like  work  as  may  be  necessary 
and  proper.  Amounts  of  assessments  on  real  estate  for  constructing 
sewers  may  he  collected  by  execution,  levy  and  sale  as  in  street  assess- 
ments. 


300  Part  III. — Ordinances. 


with   sewers. 
Aug.   6,   1877. 


Sec.  1214.     The  Mayor  and  General  Council  are  hereby  authorized 

Damage  to^pri-  ^q  construct  and  lay  down  sewers  through  property  in  said  city ;  pro- 

a^Llvvs  al"""  ''^'^^ed,  that  before  doing  so,  any  damage    done    to    private    property 

condemnation    thereby  shall  be  ascertained  and    paid;     In    order    to    ascertain  the 

amount  thereof,  assessors  shall  be  appointed,  who  shall  act  and  report 

as  in  cases  of  opening  streets  in  said  city,  and  from  whose  award  either 

party  may  appeal  to  the  Superior  Court  of  Fulton  county  within  four 

days. 

Sec.  1215.  It  shall  not  be  lawful  for  any  person  to  tap  or  make 
Jonni?t1ng^"^  conncctioH  with  any  sewer  in  the  City  of  Atlanta,  for  any  purpose 
whatsoever,  except  by  permission  of  the  Mayor  and  General  Council, 
and  upon  complying  with  the  following  terms  and  conditions :  When- 
Nov.  21,  1881.  g^g^  ^  connection  is  made  with  any  such  sewer  it  must  be  done  under 
the  direction  and  supervision  of  the  City  Engineer ;  and  the  person  or 
persons  at  whose  instance  the  connection  may  be  made  shall  l3e  liable 
for  any  damage  resulting  therefrom,  and  shall  replace  the  street  and 
sidewalk  along  and  through  which  such  connection  is  made,  in  as  good 
condition  as  it  was  before  the  work  was  commenced,  and  shall  pay  to 
the  city  such  an  amount  in  proportion  to  the  whole  cost  of  the  sewer  to 
which  he  connects,  as  the  frontage  of  the  lot  l)ears  to  the  double 
length  of  such  city  sewer. 

Sec.  1216.  Permission  to  connect  with  such  sewer  or  sewers  may, 
Permission  to  in  the  discretion  of  the  Mayor  and  General  Council,  be  confi'ned  to 
such  character  and  kind  of  water  and  other  deposits  as  in  their  judg- 
ment is  necessary  and  proper,  considering  the  locality  and  size  of  the 
sewer.  The  application  must  set  forth  fully  the  size  and  character  of 
the  sewer  which  is  to  be  put  down,  the  point  or  points  at  which  con- 
nections are  to  be  made  with  the  city  sewer,  and  the  purpose  for  which 
the  sewer  is  to  be  used. 

Sec.  1217.     The  occupant  or  occupants  of  premises  from  whieli  any 
such  connection  is  made  shall  be  bound  at  his,  her  or  their  own  ex])ense 


connect    discre- 
tionary. 


Must  be  kept    to  keep  sucli  Connection  in  good  order.     Anv  person  or  persons  who 

in  good  order.       ,      ,,  ,  .  .   ,  c         -t      •  ,    ^ 

shall  make  connections  with  any  sewer  ot  said  city,  except  by  pei'iiiis- 
sion  as  aforesaid,  or  who  after  permission  shall  fail  to  perform,  or  \  io- 
late  any  of  the  terms  and  conditions  of  such  permission,  or  shall  fail 
Penalty.  to  kocp  such  counectiou  in  good  order,  shall,  upon  conviction  tlu'i'cof 

before  the  Eecorder's  Court,  be  fined  in  a  sum  not  to  exceed  nnv  hun- 
dred dollars,  or  be  imprisoned  not  to  exceed  thirty  days,  or  eilluT   or 
.  both,  in  the  discretion  of  the  court. 

Sec.  1218.  Any  person  who  desires  to  excavate  any  sti'ct't,  to  any 
extent,  for  the  purpose  of  laying  sewer  or  gas  pipes,  or  for  any  other 
purpose,  shall  get  permission  in  writing  from  the  City  Engineer,  who 
shall  specify  the  streets  and  ])()rtions  tlun-eof  which  are  to  be  so  exca- 
vated, and  the  length  of  time  for  which  such  permission  is  granted. 
During  tlie  time  such  work  is  progressing  lighted  lanterns  shall    be 


Putting  down 
sewers  or  gas 
pipe. 

May  17,  1880. 


Part  III. — Okdixances.  301 

placed,  at  night,  on  either  end  of  said  excavation,  and  any  piles  of  dirt 
or  material.  The  top  soil  and  rock,  if  any,  shall  be  carefully  kept 
apart  from  the  clay  or  lower  earth,  and  shall  be  replaced  in  as  good 
condition  as  the  same  was  before,  or  to  the  satisfaction  of  the  En- 
gineer. Any  person  or  persons  violating  this  section,  or  any  part 
thereof,  shall,  on  conviction,  be  fined  not  more  than  one  hundred  dol-  Penalty, 
lars,  or  imprisoned  not  more  than  thirty  days,  in  the  discretion  of  the 
Recorder's  Court. 

Sec.  1219.     Any  person  who  may  desire    to    excavate    any    street  Excavatii.sr  in 
which  has  been  permanently  improved,  for    the    purpose    of    laying  fated!^  '^''^' 
sewer,  gas  or  water  pipes,  or  for  any  other  purpose,  shall  first  apply 
and  obtain  permission  from  the  Commissioner  of  Public  Works,    and 

,        ^  .      .  n   -r.    1  T      ITT      1  1  •        i.1      Permits  to  be 

deposit  w^th  the  Commissioner  of  Public  Works  such  sum  as,  m  the  obtained. 
Judgment  of  such  Commissioner,  shall  be  sufficient  to  cover  the  cost  of 
replacing  said  permanent  improvement,  the  surplus,  if  any,  to  be 
returned  when  work  is  completed;  who  shall  specify  in  writing  the 
streets  and  portions  thereof  which  are  to  be  excavated,  and  the  length 
of  time  for  which  such  permission  is  granted,  and  any  person  who 
shall  remove  any  permanent  improvement  upon  such  streets  without 
first  having  obtained  such  permission,  shall,  upon  conviction  thereof, 
be  fined  not  more  than  one  hundred  dollars,  or  imprisoned  not  more 
than  thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1220.     All  permanent  improvements  wdiich  may   be   removed,     ^  ^ 

and  all  excavations  which  may  be  made  as  aforesaid,  shall  be  refilled  and  replacing 

•'  improvements 

and  replaced  by  the  Commissioner  of  Public  Works,  and  all  debris 
removed  by  said  Commissioner,  and  the  entire  cost  of  such  work  shall 
be  collected  out  of  the  person  to  whom  such  permit  has  been  granted, 
and  shall  be,  by  such  Commissioner,  paid  over  to  the  City  Treasurer, 
and  by  him  conveyed  into  the  City  Treasury.  In  order  that  such  work 
shall  be  done  expeditiously,  it  shall  be  the  duty  of  the  person  to  whom 
such  permit  is  granted  to  notify  the  Commissioner  of  Public  Works  Penalty, 
when  the  work  of  repair  can  commence,  and  until  such  notification  has 
been  given,  all  obligations  to  protect  excavations,  etc.,  shall  rest  upon 
the  person  to  whom  the  permit  has  been  granted. 

Sec.  1221.  When  a  permit  is  revoked  as  above  provided,  or  any  per-  ^^^  .  ^gg. 
son  shall  fail  to  do  any  of  the  work  above  specified,  in  the  manner  pro- 
vided in  this  ordinance,  or  who  shall  fail,  on  notice  from  the  City  En- 
gineer, to  repair  defective  work  within  the  time  specified  in  the  notice, 
no  other  permit  shall  thereafter  be  granted  such  party  by  the  Com- 
missioner of  Pu])lic  Works,  but  only  by  the  Mayor  and  General  Coun- 
cil of  said  city,  on  application  therefor,  Avhich  application  may,  in  the 
discretion  of  said  body,  be  granted  or  refused,  and  such  person  so  fail- 
ing to  do  said  work,  and  in  the  manner  as  above  provided,  or  who 
shall  do  any  such  work  without  the  permit  hereinabove  provided, 
shall,  on  conviction  thereof,  for  each  offense  be  fined  not  exceeding  one 


302  Part  III. — Ordinances. 


liuiulred  dollars,  or  imprisoned  not  exceeding  thirty  days,  either  or 

both,  in  the  discretion  of  the  Recorder's  Court, 
molai^and  It       ^^^-  ^^^^^     ^^^^  ^^^J  Engineer  shall  keep  a  book  in  which  he  shall 
nenfltreet™^  record  the  name  of  the  party  to  whom  the  permit  is  granted  and  the 

improvements      ([ate    etc 

Sec.  1223.  It  shall  be  the  duty  of  the  Police  Department  to  en- 
in"\'hL°mat!e?  ^orce  said  ordinance  by  causing  the  apprehension  and  prosecution  of 
May  3  1886  '^^^  violators  of  its  provisious,  and  it  is  hereby  made  the  duty  of  any 
person,  who  may  be  removing  or  about  to  remove  any  permanent 
street  improvement,  to  exhibit  to  any  officer  of  the  police  or  to  any 
policeman  the  permit  from  the  City  Engineer  to  make  such  removal, 
when  called  upon  to  do  so,  if  it  is  claimed  by  any  person  that  such  per- 
mit has  been  granted.  A  failure  to  exhibit  such  permit  when  so  called 
upon,  shall  subject  the  offender,  on  conviction  thereof,  to  fine  not 
exceeding  one  hundred  dollars,  or  imprisonment  not  longer  than 
thirty  days.  All  ordinances  in  conflict  with  the  foregoing  are  hereby 
repealed. 

8ec.  1224.     It  shall  be  the  duty  of  the    Commissioner    of    Public 

Works,  in  replacing  any  earth  removed,  as  aforesaid,  to  have  the  same 

mu'sV'  be''''pucr'  property  puddled  and  packed  before  the  permanent  improvements  are 

di^ed  and  pack-  j.gpjggg^^  thcreou,  and  to  require  every  portion  of  the  work  referred  to 

Jan.  16,  1S88.   in  this  Ordinance,  including  the  replacement  of  permanent  improv- 

ments,  to  be  done  by  skilled  workmen. 

Sec.  1225.     All  gas  mains  to  be  laid  three  feet  below  the  surface  of 
the  street,  and  that  all  water  pipes  be  laid  three  and  one-half  feet  below 


Gas   mains, 
water  and  sew 
er    pipes — h 


laid  '      the  surface;  and  all  sewer  pipes  to  be  laid  four  feet. below  the  surface, 


where  it  is  necessary  to  lay  such  pipes. 


May   7,    18SS. 

Commissioner  Sec.  1226.  It  shall  be  the  duty  of  the  Commissioner  of  Public 
restore  fences  Works  to  rcstorc  all  fcuccs  rcuiovcd  by  the  street  force  in  grading  lots 
srrading.  as  soou  as  practicable  after  such  removal. 

Sec.  1226  (a).     It  shall  likewise  be  the  duty  of  said  Commissioner 

Lay  draia         of  Public  Works  to  lay  drain  pipes  under  fills  made  in  the  streets    in 

front  of  lots  in  all  cases  where  said  fills  will  cause  water  to  pond  and 

May    19,    1896. 

stand  on  such  lots. 

Sec.  1227.     Whereas,  The  Sanitary  Consulting  Engineer,  hereto- 
system  of  sew-  fore  engaged  by  said  city,  and  the  City   Engineer   of   said  city,  both 

ers    provided  o    o  .'  .^  .  tj  ^  .. 

for.  advised  the  Mayor  and  General  Council,  prior  to  the  introduction  and 

passage  of  Act  hereafter  referred  to,  amending  the  charter  of  said 
city,  relating  to  the  construction  of  sewers  by  said  city,  that  a  proi)er 
and  necessary  system  of  sewerage  for  said  city  would  cost  on  an  aver- 
age from  four  dollars  to  four  dollars  and  fifty  cents  per  lineal  foot  of 
said  sewerage,  small  lines  of  sewers  costing  less  and  large  lines  costing 
more  than  said  average,  and  it  so  appearing;  and,  whereas,  the  simill 
lines  costing  less  than  said  average,  are  dependent  u])on  and  drain 
into  the  large  lines  or  sewers  costing  more  than  said  average;    and 


Part  III. — Okdixaxces.  303 


^\■llL■^ea.-,  .sewerage  benefits  the  real  estate  in  front  of  which  and 
through  which  it  is  laid  or  constructed,  and  also  benefits  the  general 
public  of  said  city;  and  whereas,  an  assessment  of  seventy  cents  per 
lineal  foot  on  the  real  estate  abutting  on  a  sewer  on  each  side  of  a 
.-treet  in  which  a  sewer  is  laid  dr  constructed;  and  an  assessment  of 
seventy  cents  per  lineal  foot  on  the  real  estate  abutting  on  each  side 
of  a  sewer  laid  or  constructed  through  private  property  will  realize  an 
average  of  one  dollar  and  forty  cents  per  lineal  foot  of  sewerage  laid  or 
constructed,  less  deductions  for  exemptions  at  street  corners,  which  is 
less  than  one-half  of  the  whole  average  cost ;  and  whereas,  the  remain- 
ing cost  of  more  than  one-half  thereof  will  be  paid  from  the  City 
Treasury  from  appropriations  for  sewers ;  therefore,  be  it  ordained : 

Sec.  1228.     All  sewers  laid  or  constructed  by  said  city  shall  be  laid 
or  constructed  under  and  in  accordance  with  the  Act  of  the  Gen- undirAct*^ 
eral  Assembly  of  Georgia,  amending  the  charter  of  said  citv.  approved  '  "^^    ' 
Xovember,  1889. 

Sec.  1229.     In  all  cases  where  a  sewer  shall  be  laid   by   or   under 
the  authority  of  said  city  in  any  street,  the  sum  of  seventy  cents  per  per  iineai  foot 
lineal  foot  shall  be  assessed  upon  the  property  and  estates  respectively  aiessed  against 
abutting  on  said  sewer,  on  each  side  of  said  street,  on  which  said  sewer  ers. 
is  laid  or  constructed,  and  in  consideration  of  the    payment    of   said 
assessment,  the  owners  of  said  estates  shall  have  the  right  to  connect 
their  drains  from  said  abutting  property  for  the  discharge  of  sew- 
erage into  said  sewer,  and  in  case  anv  sucn  sewer  is  laid  down  or  con- 

Privilege   of 

structed  through  or  over  anv  private  propertv  along  the  course  of  anv  abutters  to 

-     >-  i-       >■         -  o  .    connect. 

natural  drain  or  otherwise,  a  like  sum  of  seventy  cents  shall  be 
assessed  upon  said  property  abutting  on  each  side  of  said  sewer  for 
every  lineal  foot,  making  in  all  one  dollar  and  forty  cents  for  every 
lineal  foot  to  be  assessed  upon  such  property  through  which  sewers 
are  constructed  as  aforesaid,  and  in  consideration  of  the  payment  of 
said  assessment,  the  owners  of  said  estate  respectively  on  each  side  of 
said  sewer,  through  or  over  which  such  sewer  shall  be  constructed, 
shall  have  the  right  to  connect  their  drains  from  said  abutting  prop- 
erty for  the  discharge  of  sewerage  into  said  sewer. 

Sec.  1230.  The  extent  and  character,  material  used,  and  expense  of 
sewers  constructed,  as  well  as  the  time  and  manner  of  constructing  the  i^^'dlscM-etion'^'of 
same,  shall  be  in  the  discretion  of  the  Mayor  and  General  Council  of  ^''"''"^• 
said  city,  to  be  prescribed  from  time  to  time  by  ordinances  and  upon 
like  notice  and  in  the  same  manner,  and  the  assessment  laid  and  en- 
forced by  execution,  levy,  sale  and  otherwise,  as  in  case  of  ordinances 
and  assessments  for  paving  streets  in  said  city,  except  that  sewers 
hereby  authorized  may  be  constructed  with  or  without  petition  by 
property  owners  when  in  the  judgment  and  discretion  of  the  Mayor 
and  General  Council  the  public  health  and  good  of  the  city  shall  so 
require. 


304  Part  III. — Ordinances. 


Under  govern- 
ment of  Conn 
cil   as  to  time 


Sec.  1231.  The  remaining  cost  of  sewers  not  thus  assessed  shall  be 
a^°aTnst  assess^  P^^*^  °^^  ^^  ^^®  sewer  appropriations  for  the  year ;  provided,  that  the 
ments.  defendant  shall  have  the  right  to  file  an  affidavit  denying  the  whole 

or  any  part  of  the  amount  for  which  the  execution  is  issued,  and  stat- 
ing what  amount  he  admits  to  he  due,  which  amount  so  admitted  to 
be  due,  shall  be  paid  or  collected  before  the  affidavit  is  received,  and 
the  affidavit  received  for  the  balance,  and  all  such  affidavits  so  received 
shall  be  returned  to  the  Superior  Court  of  Fulton  county,  and  there 
tried  and  the  issue  determined  as  in  cases  of  illegality,  subject  to  all 
pains  and  penalties  provided  in  cases  of  illegality  for  delay. 

Sec.  1232.  For  the  preservation  of  all  sewers  in  said  city  for  the 
public  use  and  easement  aforesaid,  said  Ma3^or  and  General  Council 
shall  have  the  authority  to  direct  and  control  the  time  and  manner  in 
conn^tro"ns.  "^  which  councction  shall  be'  made  with  such  sewers,  and  by  whom  tlie 
work  is  to  be  done,  and  upon  what  terms  and  conditions,  and  at  what 
point  and  to  what  extent  surface  water  or  drainage  shall  be  permitted 
to  flow  into  sewers,  and  generally  all  matters  relating  to  the  use  and 
control  and  repairs  of  sewers  and  sewer  connection,  and  replacing  of 
paving  and  other  adjacent  structures  in  good  condition,  shall  be  at 
all  times  under  the  regulation  and  control  of  the  said  j\Iayor  and 
General  Council  in  its  fair  and  legal  discretion. 

Sec.  1233.     In  case  of  any  sewer  or  sewers  or  parts  of  the  sewers 

Damages  of       being  built  or  laid  over  or  through  private  property,  if  the  owner  of 

er— how  as"'"    such  property  claim  damages  for  the  occupation  of  said  lands  by  such 

cer  aine  .         gewcr  and  construction  of  the  same  thereon,  such  owner  may,  within 

thirty  days  after  the  adoption  of  an  ordinance  for  the  construction  of 

the  same  thereon,  give  notice  of  such  claim,  but  a  failure  to  give  notice 

of  such  claim  shall  in  no  wise  afEect  or  prejudice  the  right  of  such 

owner  to  bring  suit  for  damages  sustained. 

Sec.  1234.     But  on  giving  notice  of  such  claim    of    damages,    as 
aforesaid,  assessors  shall  be  appointed  to  assess  damages  to  said  land 


pointed,  but      by  reason  or  on  account  of  the  construction  of  any  such  sewer  through 
Law  on  the       or  upon  the  same.     Said  assessors  to  be  appointed,  notice  given,  and 

subject   of   con-     ,.-^  __  ^  .  „  ..ic  •  -i- 

demnation.        their  award  made  as  m  cases  of  property  taken  tor  opening,  widening 
or  straightening  streets  under  the  charter  and  laws  of  said  city. 

Sec.  1235.     In  the  case  of  real  estate  situated  on  street  corners,  and 
having  frontage  on  two  streets,  the  owner  and  real  estate  thus  situated 

Corner  lots  to  "  ° 

have  deduc-      shall  bc  asscssed  bv  this  Act  provided  for  the  frontage  on  the  street 

tion,   when.  "^  ^  •      n     •  i  i  i 

in  which  a  sewer  is  first  laid^,  and  where  a  sewer  is  laid  on  the  otliei- 
street  seventy-five  feet  of  frontage  shall  be  exempt  from  assessment  on 
the  owner  and  real  estate  for  the  last  named  sewer. 

Sec.  1236.  The  amount  of  such  assessment  for  sewers  on  each 
aTiM/'on"*"'""^  piece  of  real  estate  shall  be  a  lien  on  said  real  estate  from  the  date  of 
property.  j^q  passagc  of  tlic  Ordinance  ])roviding  for    tlie    work    and    making 

the  assessment. 


Part  III. — Ordinances.  305 


Sec.  1237.     The  construction  of  all  sewers    under   this   ordinance  ^^^.^^  ^^  ^.^^^ 
shall  be  provided  for  by  ordinance.     After  the    first    reading    of    an  ^^^"^.^j^'^j^^  "^^ 
ordinance  for  the  construction  of  a  sewer  a  notice  of  the  introduction  P"W'shcd. 
of  the  same  shall  be  published  in  one  or  more  of  the  daily  papers  of 
the  city.     Such  notice  shall  contain  a  statement  of  the  line  along 
which  the  proposed  sewer  is  to  be  laid,  and  a  statement  of  the  general 
character,  material  and  size  of  such  sewer,  and  said  notice  shall    be 
published  at  least  as  many  as  ten  days  before  the  adoption  of  said  ordi- 
nance, and  said  ordinance  may  be  adopted  at  the  next  meeting  after 
the  introduction  or  at  any  subsequent  meeting  after  said  notice    has 
been  published.     Substantial  compliance  with  the  above  requirements 
as  to  notice  shall  be  sufficient. 

Sec.  1238.     The  foregoing  ordinance  and  provisions  thereof  arc  to  au  sewers  to 
apply  and  have  reference  to,  and  be  construed  in  connection  with  each  this  ordinance, 
ordinance  hereafter  passed,  for  laying  or  constructing  a  sewer  l)y  or 
under  the  authority  of  said  city. 

Sec.  1239.     The  Board  of  Health  of  the  City  of  Atlanta  is  herebv 

•  1  •         1  J?  ."In  ea^e  of 

authorized  to  require  the  owners  or  agents  m  charge  ox  property  m  abandoned  cui- 
front  of  which  new  sewers  are  built,  to  take  the  place  of  old  culverts, 

^  „        See  Sec.  Ti-lfl. 

abandoned  for  sewerage  purposes,  to  quit  using  the  old  culverts  for 
drainage  purposes,  and  to  connect  their  drainage  with  the  new 
sewers. 

Sec.  1240.     All  connections  hereafter  made  with    sewers    having 
"Y's"  already  prepared  for  lot  connections,  shall  connect  witji    such  Se^^'"  connec- 
"Y's,"  and  not  put  in  other  "Y's"'  for  the  purpose  of  making    such 
connections. 

Sec.  1241.     A  violation  of  this  ordinance  shall  be  punished  by  a 
fine  not  exceeding  fifty  dollars,  or  imprisonment  not  exceeding  thirty  ^"°^  ^"'  ^^''^• 
days,    or   both   these   penalties,    in   the    discretion   of  the  Eecorder's 
Court. 

Sec.  1242.     All  property  owners  on  Peachtree    street    are    hereby  gewer,  gas,  etc 
notified  to  make  all  sewer,  gas  and  water  pipe  connections  from   the  onTeSree 
mains  on  said  Peachtree  street  within  thirty  days  after  the  passage  of  ®^''^^*" 
this  ordinance,  preparatory  to  paving  the  same  with  asphalt. 

Sec.  1243.     After  the  pavement  is  laid  on  said  street,  it  shall  be 
unlawful  to  in  any  way  cut  the  asphalt  for  the  term  of  five  years. 

Sec.  1244.     All  sewer,  gas  and  water  connections  shall  be  made  bv 
property  owners  on  Peachtree  street,  from  Baker  street  to  Pine  street,  connectfons^*'"' 
before  asphalt  is  put  down,  and  that  no  connections  be  allowed  after  st"eet.'*'^ 
said  asphalt  is  laid  for  the  period  of  five  years  from  the  completion  of  Aug-.  20,  is92. 
the  work  of  laying  said  asphalt. 

Sec.  1245.     All  property  owners  on  South  Forsyth  street,   between  Hf;!ing"''p,.ope'r. 
Hunter  and  Whitehall  streets,  are  hereby  notified  to  make  all  sewer,  *„  Fo^nh 
gas  and  water  pipe  connections  from  the  mains  on  said  South  Forsyth  lewlr/sa^^and 
street  within  twenty  days  after  the  passage  of  this  ordinance,  prepara-  nectTo^'.'"'  ^''"" 

(20) 


306  Part  III. — Ordinances. 


May    IS,    1897. 


toiy  to  paving  the  same  with  vitrified  brick,  and  that  all  gas,  electric 
light,  telegraph,  telephone  and  other  companies  using  mains  or  con- 
duits in  said  street  are  also  notified  to  lay  down  any  needful  new  mains 
and  to  make  all  necessary  repairs  within  said  period  of  twenty  days; 
and  after  the  pavement  is  laid  on  said  street,  it  shall  be  unlawful  to  in 
any  way  open  said  street  for  the  term  of  five  years. 

Sec.  1246.  All  persons  owning  property  fronting  on  South  For- 
syth street,  between  Hunter  and  Whitehall  streets,  shall  be  served  with 
a  copy  of  this  ordinance  by  the  City  Engineer,  and  that  all  companies 
using  mains  or  conduits  in  said  portion  of  Forsyth  street  be  also 
served  with  copies  of  the  ordinance. 

Sec.  1247.  The  Board  of  Water  Commissioners  are  hereby  re- 
Requiring  an  quired  to  have  all  water  connections  on  N"orth  avenue,  between  Peach- 
fonnections^^to  tree  and  Williams  street,  made  immediately,  so  as  not  to  delay  the 
paving  of  said  avenue.     That  the    Atlanta    Gaslight    Company    are 


be  made  on 
North    avenue 

pav°ed.  ^^™^  ^^  hereby  required  to  bring  all  gas  connections  on  said  avenue  to  the  side- 
june  24,  1897.   Walk  Curbing,  and  place  the  key-boxes   before   said   N"orth  avenue   is 
paved.     Property  owners  are  hereby  required  to  make  all  sewer  con- 
nections before  said  avenue  is  paved.     That  the  said  gas  company,  if 
they  desire  to  lay  a  new  gas  main,  shall  do  so  before  said  avenue    is 
paved ;  and  after  said  Korth  avenue  is  paved  the  said  paving  shall  not 
be  taken  up  to  make  any  such  connections  for  the  term  of  five  years. 
Sec.  1248.     All  property  owners  on    Washington    street,    between 
Property  onto-  Huiiter  strcct  and  Woodward  avenue,  are  hereby  notified  to  make    all 

ers   on   Wash-  •  n       t      i   • 

ington  street    scwcr,  gas  and  watcr  pipe  connections  from  mams  on  said  Washington 

to  make  all  ^  „  • 

pipe  connec-      street  withiii  fifteen  davs  after  September  9,  1898,  preparatorv    to 

tions   with  "  i       x  ., 

pipes  on  street,  paving  samc  with  asphalt,  and  that  all  gas,  electric  light,  telegraph 

Sept.  9,  1S98.   telephone  and  other  companies  using  mains  or  conduits  in  said  street 

are  also  notified  to  lay  down  any  needful  new  mains  and  to  make  all 

^^    ,       .       necessary  repairs  within  said  period  of  fifteen  davs.     After  the  pave- 

Street  pavmg  ..         i  i  .  i 

not  to  be  dis-   ment  is  laid  on  said  street  it  shall  be  unlawful  to  any  way  open   said 

turbed   for   five  ■  ■        ^ 

years.  street  for  the  period  of  five  years. 

Sec.  1249.  Any  property  owner  or  agent  in  cliarge  of  propci-ty, 
Penait  for  i^otificd  by  tlie.Board  of  Health  to  quit  using  the  old  culverts  and  to 
!f]y"^^^°„Q°"''  connect  their  drains  with  the  new  sewers,  failing  to  connect  tht'ir 
^^^^-  drainage  with  the  new  sewers,  or  continuing  to  use  iht- 

July  22,  1890.   drainage  purposes  for  a  longer  period  than  l\veiit\ 
See  Sec.  1239.    q£  noticc,  shall  be  punished,  on  conviction  ht'fore  lli 

by  fine  not  exceeding  one  hundred  dollars,  or  iin[ 

ceeding  thirty  days. 

Sec.  1250.  From  and  al'tci'  tbe  passage  of  this 
■Connections,  tious  sluvll  uot  hc  r('(|uii'(Ml  or  |)('rinitit'(l  lo  he  in; 
when  made.'       ^^^^^y  i.^j^  ,^^^,[  j^^t  already  connected  witli   iiniil 

be  indicated  by  the  Committee  on  St'wci's  and  tli 


he  old 

cu 

\-erts  for 

(lavs 

it'tl 

r  service 

■  Hecoi 

dr 

■"s  Court. 

I'isonini'ut 

not    cx- 

ordina 

nci 

.  conncc- 

le   wit 

1  a 

ny   sewei' 

SUcll    t 

ni( 

as  shall 

Citv 

iMi 

^ineer  to 

Part  III. — Ordinances.  307 


the  Board  of  Health,  which  connection.-  shall  Ije  required  and  made 
as  by  existing  ordinances  provided. 

Sec.  1251.     All  persons  shall  be  allowed  six  months  within  which  ^j^^j^j^^^g  ^i. 
to  make  connection  with  any  sewer  that  may  be  laid  in  front  of,  or  J^^';jt",f3  fj- 
near  their  improved  property,  by  the  authority  of  said  Mayor  and  '"^''^  "''''" 


connections. 


Geiieral  Council. 


CHAPTER   XXXIII. 


STREET  IMPROVEMENT  COLLECTOR. 


Section.  1    Section. 

12.52.  Appointed   by   Finance   Committee.  |    1261.  Transfers   of   executions. 

1253.  Salary   and  bond.  1262.  Interest   on   delinquent   bills. 

1254.  Duties.  1263.  Postponement    of   collections   not    allow- 

1255.  Engineer    makes    out    paving    bills.  I               ed. 

1256.  Collected  by  Improvem-ent  Collector.         j    1264.  Monthly  reports. 

1257.  Executions    for    paving,    etc.  1265.  Penalty. 

1258.  A  enable   contract.  1266.  Manner  of  collecting  bills. 
1259-1260.  Records— how  kept.  i 

Section  12-52.     From    and    after    March    10th,    1899,    the   officer^,,   ^ 

Collector    ap- 

known  as  Street  Improvement  Collector  shall  l)e  aijpointed  or  elected  pointed  by  Fi- 

'■  ^  ^  nance   Com- 

by  the  Finance  Committee  of  the  General  Council,  and  shall  be  remov-  mittee. 
able  by  said  committee  at  its  pleasure. 

Sec.   1253.     The  Street  Improvement  Collector  shall  have  an  an- j^^^^    ^.^^^ 
nual  salary  of  $1,200,  payable  in  monthly  installments,  and  shall  give  ^^^^^^^  ^^  ^^^^ 
bond  for  the  faithful  performance  of  his  duties,  and  for  the  faithful 
accounting  for  and  paying  over  all  moneys  collected  Ity  him.  in  the  sum 
of  $5,000,  with  surety  to  be  approved  by  the  Mayor. 

Sec.  125-1.     The  duties  of  Street  Improvement  Collector  shall  be 
such  as  are  prescribed  by  existing  ordinances,  and  such  as  shall  here-  ^"^i*"^- 
after  be  made  applical)le  to  that  office  either  by  the  General  Council  '^^"^  "'  ^^^^' 
or  Finance  Committee. 

Sec.   1255.     The  City  Engineer  shall  make  out  all  bills  for  curbing  Engineer  to 
sidewalks,  street  paving,  sewer  assessments,  etc.,  which  shall  be  num- 1^1^^,111"!  ^^^" 
bered  consecutively  and  entered  by  him  in  books  prepared  for  that  pur- 
pose, which  he  shall  turn  over  to  the  Comptroller  and  the  bills  to  the 
Street  Improvement  Collector  for  collection,  and  he  shall  be  receipted 
for  by  the  Street  Improvement  Collector  to  the  Comptroller. 

Sec.  1256.     The  Street  Improvement  Collector  shall  receive  credit 
for  collections  on  above  accounts,  and  the  Tax  Collector  be  charged  ed  by  Tax  Coi- 
with  the  same  upon  presentation  of  daily  receipts  from  the  Tax  Col- 
lector.    The  Street  Improvement    Collector    shall    make    execution  Daily  settie- 

Tij  •  IT  Ti-iT  />!•  <.  nients  and  re- 

aockets  against  delinquents  under  this  head  as  set  forth  m  cases  of  ports, 
delinquents  for  general  tax,  and  the  Comptroller  shall  credit  the  Street 
Improvement  Collector  and  debit  the  Marshal  for  such  fi.  fas. 

Sec.  1257.     In  order  to  carrv  into  effect  the  Act  of  the  General 


308  Part  III. — Ordixaxces. 


Executions  for  -^ssemblv  of  Georgia,  approved  August  22d,  1891,  providing  for  the 
street  curbing,  transfer  of  bills  and  executions  for  granite  curbing  and  street  paving, 
it  is  hereby  made  the  duty  of  the  City  Tax  Collector  to  transfer  claims 
against  the  City  of  xVtlanta  against  abutting  property  owners  and  the 
street  railroad  companies  for  granite  curbing  furnished  and  set,  and 
street  paving  done  on  the  street  on  which  such  curbing  and  paving  is 
done,  in  the  form  of  bills  or  executions  at  the  option  of  the  contrac- 
tors or  other  person  asking  for  such  transfers,  in  either  case  to  be  made 
without  recourse  on  the  City  of  Atlanta. 

Sec.  1258.  So  soon  as  the  granite  curbing  on  any  street  has  been 
Abutting  own-  furnislied  and  set  up  under  the  order  of  the  Mayor  and  General  Coun- 
days°  notice.'^"  cil,  it  shall  be  the  duty  of  the  City  Engineer  to  make  out  bills  against 
all  parties  liable  to  pay  for  such  curbing,  and  place  them  in  the  hands 
of  the  City  Tax  Collector  for  presentation  and  collection,  and  upon 
presentation  of  a  bill  thus  made  out,  it  shall  be  the  duty  of  any  prop- 
erty owner  desiring  to  have  the  privilege  of  paying  for  such  curbing 
Applies  to  ven-  in  installments,  as  provided  for  in  the  contract  between  the  City  of 
Atlanta  and  Venable  Bros.,  contractors,  to  give  the  said  Venable 
Bros,  written  notice  of  this  desire,  and  the  written  notice  shall  state 
the  time  required  by  such  abutting  owner,  and  to  pay  the  one-fourth 
(%)  cash  installment  on  said  curbing  within  thirty  (30)  days  from 
the  presentation  of  the  bill  as  aforesaid;  and  on  the  failure  of  any 
property  owner  to  give  the  notice  and  make  the  cash  installment  pay- 
ment as  aforesaid,  then,  upon  the  completion  of  tne  laying  of  the  side- 
walk in  front  of  the  property  where  said  curbing  has  been  furnished, 
execution  shall  issue  for  the  whole  amount  due  for  such  curbing  and 
sidewalk,  and  be  collected  without  reference  to  the  installment  feature 
of  the  contract  aforesaid,  such  failure  to  give  written  notice  operating 
as  a  waiver  of  the  right  of  such  property  owner  to  pay  for  such  curb- 
ing in  installments. 

Sec.  1259.  The  Street  Improvement  Collector  shall  keep  a  com- 
plete record  of  all  bills  for  permanent  improvements  delivered  to  him 
for  collection,  which  shall  show  the  names  of  the  parties  liable,  etc., 
amount  of  each  bill,  for  what  work  the  bill  is  due,  the  location  of  the 
property  and  the  disposition  made  of  the  bill,  whether  by  collection, 
transfer  and  to  whom,  or  the  issue  of  the  execution;  and  when  such 
bill  or  executions  are  paid,  this  fact  must  be  noted  on  said  record  in 
the  office  of  the  Street  Improvement  Collector,  which  shall  be  open  at 
all  times  to  the  inspection  of  the  public.  And  the  daily  reports  of 
the  Street  Improvement  Collector  to  the  City  Comptroller  shall  con- 
tain a  full  minute  of  bills  for  permanent  improvements  received  by 
.the  Collector,  the  amounts  collected  thereon,  the  bills  transferred  by 
him  and  to  whom,  the  bills  handed  to  the  City  Clerk  for  the  issue  of 
executions,  and  the  number  of  bills  and  executions  reported  to  him 
as  having  been  collected  and  by  wliom  and  the  amounts  thereof. 


Part  III. — Ordinances.  309 


Sec.  1260.  The  books  in  the  office  of  the  City  Comptroller  shall 
show  a  like  record  of  all  bills  and  executions  for  permanent  improve- 
ments so  as  to  furnish  a  complete  check  upon  the  records  of  the  Engi- 
neer, Collector,  City  Clerk  and  Marshal,  with  reference  to  all  sueli 
liills  and  executions. 

Sec.  1261.  Whenever  the  contractors  or  other  transferees,  after 
taking  the  transfer  of  any  bill  for  paving  and  curbing,  or  paving  or 
curbing,  shall  find  it  to  be  necessary  to  have  execution  issued  for  the 
whole  or  any  part  of  the  amount  of  such  bill,  they  may  return  such 
bill  to  the  Street  Improvement  Collector  and  have  such  return  entered 
upon  the  record  of  bills  kept  by  that  officer,  whose  duty  it  shall  be  to 
deliver  said  bill  to  the  Clerk  of  Council,  who  shall  issue  execution  in 
favor  of  the  city  against  the  party  owing  such  bill  for  the  amount  due 
thereon,  which  execution  shall  be  transferred  by  the  Tax  Collector, 
and  levied  and  collected  by  the  Marshal  for  the  use  of  such  contractors 
or  other  transferees  as  if  issued  and  transferred  in  the  first  instance. 

Sec.  1262.     All  bills  for  public  improvements  in  the  City  of  At- 


Interest  on 


lanta  against  abutting  property  owners  and  street  railroad  companies,  bins  or  street 

'='  '-       ^         -J  >■  '  improvements 

whether  for  street  paving,  curbing,  sidewalks  or  sewer  assessments,  etc. 
shall  bear  interest  at  the  rate  of  seven  per  cent,  per  annum  from  the 
date  when  execution  is,  or  by  law  ought  to  be,  issued  for  any  such 
assessment,  such  interest  to  be  collected  with  the  principal  of  each 
execution  from  the  defendant  in  /?.  fa.,  or  from  the  property  subject 
to  the  lien  of  such  assessment. 

Sec.  1263.  iS'either  the  Tax  Collector,  Street  Improvement  Col- 
lector nor  the  Marshal  shall  have  authority  to  postpone  the  collection  o'rcoikcTioM 
of  any  bill  or  execution  for  public  improvements  due  the  City  of  At-"°*^  allowed, 
lanta  for  more  than  thirty  days  after  it  is  placed  in  the  hands  of  such 
officer  for  collection,  without  the  permission  of  the  Finance  Commit- 
tee to  make  a  longer  extension  of  time  for  special  reasons  in  any  case ; 
nor  shall  the  Finance  Committee  postpone  a  collection  in  any  case  for 
more  than  three  months  from  the  date  of  the  issue  of  the  execution, 
without  express  action  of  the  Mayor  and  General  Council  authorizing 
them. 

Sec.  1264.  It  shall  be  the  duty  of  the  Street  Improvement  Col- 
lector and  the  Marshal  to  report  on  the  first  day  of  each  month  to  the  monthly^' 
Finance  Committee  all  uncollected  bills  and  fi.  fas.  due  the  City  of  March  n,  i892. 
Atlanta  for  public  improvements,  licenses  or  taxes  in  their  hands,  and 
to  state  the  reason  why  such  bills  or  executions  have  not  been  collected, 
these  reports  to  show  the  names  of  the  parties  owing  such  bills  or 
executions,  and  also  the  amount  and  character  of  the  demand  in  each 
case. 

Sec.  1265.  Any  officer  convicted  of  violating  either  of  the  forego- 
ing sections  of  this  ordinance  shall  be  subject  to  a  fine  not  exceeding 
one  hundred  dollars  in  the  Eecorder's  Court,  and  upon  such  conviction 


310  Part  111. — Oedinances. 


Manner  of 
collecting  bills. 


March  18,  1897. 


the  Mayor  shall  suspend  the  officer  so  convicted  until  the  next  regular 
meeting  of  the  General  Council,  when  such  officer  may  be  removed 
from  office  in  the  discretion  of  the  General  Council. 

Sec.  1366.  The  manner  of  making  collections  for  permanent 
street  improvements,  sidewalk  and  curbing  bills,  sewer  assessments, 
removing  and  replacing  pavement,  repairs  to  sidewalks,  and  all  other 
bills  for  work  aone  for  property  owners  on  the  streets,  alleys  and  sew- 
ers of  Atlanta,  whenever  such  work  is  done  by  the  city,  and  collected 
from  property  owners  by  the  city,  shall  be  as  follows :  Bills  for  work 
done  as  above  specified,  shall  be  made  out  by  the  City  Engineer  or  the 
Commissioner  of  Public  Works,  as  the  case  may  be,  by  whichever  of 
these  departments  the  work  may  have  been  done,  such  bills  to  be  made 
out  on  receipts  with  two  stubs  or  coupons  attached,  and  turned  over 
by  said  officers  to  the  Collector  of  Street  Improvements,  taking  his 
receipt  therefor.  The  Collector  of  Street  Improvements  shall  keep 
all  such  bills  in  his  custody,  until  they  are  called  for  to  be  paid,  when 
he  shall  retain  one  stub  to  make  up  his  accounts  and  send  the  receipt 
and  other  stub  or  coupon  to  the  City  Tax  Collector,  who  shall  receive 
the  money  and  give  the  receipt  to  the  person  paying  the  bill,  and  file 
the  coupon  to  make  up  his  accounts.  On  the  same  day  the  Collector 
of  Street  Improvements  shall  report  to  the  Comptroller  all  coupons  so 
turned  over  to  the  City  Tax  Collector,  giving  numbers,  names  and 
amounts,  and  the  City  Tax  Collector  shall  on  the  same  day  report 
to  the  Comptroller  the  amounts  so  collected  by  him,  accompanied  with 
the  coupons  which  had  been  turned  over  to  him  by  the  Collector  of 
Street  Improvements,  with  the  receipt  of  the  City  Treasurer  attached 
thereto.  The  Collector  of  Street  Improvements  and  the  City  Tax 
Collector  to  make  daily  and  monthly  reports  to  the  Comptroller. 


Part  III. — Ordinances. 


;il 


CHAPTER  XXXIV. 


CITY  ELECTRICIAX^  ELECTRIC  WIRES^  ETC. 


Section. 

12G8.  Board  of   Electrical  Control. 

1269.  Inspect   all  electrical  constnictioni 

1270.  Citj-   Electrician  authorized. 
1271-1271  (a)    Duties. 

1272.  Office. 

1272  (a).  Policemen  to  inspect  lights. 

1273.  Must   have  permit  to  do  work. 

1274.  Does   not   relieve   liability. 

1275.  Penaltj'  for  interference  with  wires. 

1276.  Penalty   for  breaking   globes,    etc. 
1277-1278.  Intoxicated     persons     must    not    do 

electric  work. 

1279.  Underground    circuits. 

1280.  Permit  by  ordinance — when. 

1281.  Length   of   openings. 

1282.  Must  apply  to  Board. 

1283.  Bond. 

1284.  One    duct    left    for    city. 

1285.  Company   must   mak-  annual   reports. 

1286.  Free  city  service. 

1287.  Bond. 

1288.  Sale   of   franchise   works    forfeiture. 

1289.  Application  to   set   poles. 

1290.  Alleys  preferred. 

1291.  One   side   of  street    only   to   be   used. 

1292.  Power  wires  separate. 

1293.  Roofs,   etc.,   not  used  except  by  consent 
of  owner. 

1294.  Insulation. 

1295.  Kinds   of   insulators. 


Section. 
1290.  Guards. 

1297.  Second  company  pay  expense  of  raising 
wires — when. 

1298.  Ground  connections. 

1299.  Supports  not  in  use  removed. 

1300.  Powers   reserved. 

1301.  Metallic   circuits   required. 

1302.  Privileges  suspended  for  non-compli- 
ance,  etc. 

1303.  May  modify  these  rules. 

1304.  Fire  alarm  gongs  at  each  station. 

1305.  Wires  entering  building. 

1306.  Plan  of  electric  work  to  be  shown  City 
Electrician. 

1307.  Penalty. 

1308.  Election  of  Electrician. 

1309.  Electric  currents  must  be  retained  in 
proper  channels. 

1.310.  Penalty. 

1311.  City's  right  to  damages  not  affected. 

1311  (a  I.  Wires  must  be  well  insulated. 

1311  (b).  Removal  of  wires  in  order  to  re- 
pair buildings. 

1311  (c).  Electric  wires  in  conduits  in  inner 
fire  limits. 

1311  (d).  Work  and  material  to  be  approved 
by  the  Board  of  Electrical  Control. 

1311  (e'.  May  require  wires  in  conduits 
throughout  city. 


Section  13(i8.  The  Board  of  Electrical  Control  shall  consist  of 
the  Chairman  of  the  Committee  on  Electric  Lights,  Telegraph  and 
Telephones,  City  Engineer,  Chief  of  Fire  Department  and  the  Chair- 
man of  the  Committee  on  Electric  and  other  Railroads,  and  the  Chair- 
man of  the  Committee  on  Electric  Lights,  Telegraph  and  Telephones 
of  the  General  Council  shall  be  the  Chairman  of  the  Board  of  Elec- 
trical Control. 

Sec.  1369.  It  shall  be  the  duty  of  the  Board  of  Electrical  Control 
to  inspect,  or  have  inspected,  all  electrical  construction  of  whatever 
character,  connections  inside  and  outside,  with  buildings,  insulation 
of  wires,  and  shall  have  power  to  order  any  defective  construction  re- 
paired, removed,  or  built,  when,  in  their  judgment,  life  and  property 
will  be  better  protected  thereby;  and  it  shall  be  their  duty  to  see  that 
all  laws  of  force  now  or  that  may  be  hereafter  enacted,  governing  elec- 
trical power  or  construction,  are  strictly  complied  with. 

Sec  1370.  The  Board  of  Electrical  Control  shall  have  power  to 
employ  a  competent  man,  who  shall  be  known  as  Superintendent  of 
Electrical  Affairs,  and  who  shall  be  under  and  subject  to  the  orders  of 
the  said  board.  And  the  salary  to  be  paid  the  said  Superintendent 
shall  not  exceed  twelve  hundred  dollars  per  year. 


Board  of  Elec- 
tric Control. 


Dec.    23,    1892. 


Inspect   con- 
struction of  all 
electrical  lines, 
applicances, 
etc. 


Under  ordi- 
nance of  Aug. 
26.  1893,  the 
Mayor  and 
General  Coun- 
cil elect  the 
City  Electri- 
cian. 


312  Part  III. — Ordinances. 


Sec.  1271.    It  shall  be  the  duty  of  the  Superintendent  of  Electrical 

Duties  of  su-     -^f^^irs    to   look    after    and    keep    in   proper    condition  all  electrical 

efJctricat'^af-  °^  ^^ii'^s  and  alami-boxes  used  in  any  department  of  the  city  government, 

fairs.  gj2,j  sliall  inspect  all  overhead    street    construction,    poles,  brackets. 

cross-arms,  etc.,  all  connections  inside  or  outside  with  buildings,  and 

such  other  electrical  work  as  may  l)e  required  of  him  by  the  Board 

of  Electrical  Control. 

Sec.  1271  (a).  He  shall  be  general  supervisor  of  electric  lights  and 
fhe  city^iights*  require  the  city  contractors  furnishing  lights  to  comply  with  the  terms 
1893.  of  their  contract  with  the  city. 

Sec.  1272.     He  shall  have  a  central  headquarters,  and  shall  keep 
a  record  of  all  applications   to   set   poles,   string   wires   in   streets  or 


trai ^ office, '^etc.  houses,  etc,  whether  approved  or  rejected,  and  shall  immediately 
inspect  all  new  work  and  report  the  same  to  the  board. 

Sec.  1272  (a).  Policemen  on  duty  at  night  shall  carefully  inspect 
report  as  to  all  lights  on  their  beats,  and  report  the  condition  of  same  to  the  Chief 
lights  on  their  of  Police,  who  shall  keep  a  record  of  same,  and  furnish  a  copy  to  said 
beats.  superintendent  when  requested  so  to  do. 

Sec.  1273.  It  shall  be  unlawful  for  any  company  or  person  to  set 
Penalty  for  polcs,  string  wires,  or  make  any  electrical  connections  with  buildings 
ply  with  this  within  the  incorporate  limits  of  the  Citv  of  Atlanta  without  the  per- 

ordinance.  ..  "'  _ 

mission  to  do  the  same  from  said  board,  and  any  person,  firm  or  com- 
pany that  obtains  a  franchise  or  permission  to  erect  poles  and  string 

June  S,   1803.       >-        -^  ^  t       •  <.     n        /^-  ••     *   " 

Avires  for  any  purpose  within  the  corporate  limits  of  the  City  ot  At- 
lanta, on  streets  or  crossings  where  it  is  necessary  to  run  under  the 
fire  alarm,  telegraph,  telephone,  electric  light  or  power  lines,  shall, 
before  they  begin  such  construction,  raise  the  existing  lines  at  tlieir 
own  expense  to  a  distance  above  their  proposed  construction  to  make 
them  perfectly  safe,  and  any  company,  firm  or  person,  violating  this 
ordinance,  shall,  upon  conviction  before  the  Eecordcr's  Court,  pay  a 
fine  of  not  less  than  twenty-five  dollars,  nor  more  than  five  hundred 
dollars,  or  work  not  less  than  ten  days,  nor  more  than  thirty  days,  on 
the  public  works  of  the  city,  or  both  fine  and  imprisonment,  in  Ihi' 
discretion  of  the  court. 

Sec.  1274.  Nothing  herein  contained  shall  be  construed  to  relieve 
Ordinance  not  aiiv  fimi  or  compauy  from  liability,  or  moral  responsibility,  in  case  of 
reiievT^iabu-    accideiit  to  life  or  damage  to  property  in  the  operation  of  their  plant 

ity,  etc.  T        , 

or  plants. 

Sec.  1275.  It  shall  be  unlawful  for  any  person  or  persons,  in 
Penalty  for  in-  erecting  scaffolding  or  in  putting  up  signs,  or  in  any  other  way,  to  cut 
wires"'without^  Or  interfere  with  the  arrangements  of  electric  wires  (telegraph,  tele- 
complny  con-   pliouc,  otc.,)  without  first  notifying  the  person  or  company  that  the 

wires  to  be  so  interfered  witli  belong  to,  and  if  any  person  or  person^ 

handling  timber,  or  having  work  done  about  any  ol'  said  wires  slionld. 

by  accident,  cause  any  of  said  wires  to  be  broken  or  disarranged,  lu' 


Part  III. — Ordinances.  313 


shall  immediately  notify  the  person  or  company  owning  said  wires  of 
their  condition,  and  upon  neglect  so  to  do  shall,  upon  conviction,  pay 
a  fine  of  not  less  than  ten  dollars,  or  serve  not  less  than  ten  days  on 
the  public  works,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1276.     Any  person  or  persons  who  may  in  any  way  maliciously 
deface  or  break  any  of  the  electric  globes  or  lamps  shall,  for  the  first  brTa king^piobes 
offense,  pay  a  fine  of  not  less  than  ten  dollars,  or  serve  ten  days  on  the  °''  '^"p^- 
public  works ;  for  the  second  offense,  pay  a  fine  of  twenty-five  dollars,    ^*^'  ^^' 
or  serve  twenty-five  days,  and  for  the  third  and  each  offense  thereafter 
shall  serve  not  less  than  thirty  days  in  the  public  works,  in  the  discre- 
tion of  the  Recorder's  Court. 

Sec.  1377.  Any  person,  firm  or  corporation,  or  person  knowingly 
emplovins"  or  allowing  anv  emplove  to  work  on  anv  telephone  wires,  persons  work- 
electric  light  wires,  electric  street  ear  wires  or  any  other  wires  m  the  trie  wires,  etc. 
City  of  Atlanta  where  danger  to  person  or  property  would  be  likely  to 
occur,  in  an  intoxicated  condition,  or  shall  employ  incompetent,  care- 
less hands  for  such  work,  shall,  upon  conviction  before  the  Recorder's 
Court,  pay  a  fine  not  exceeding  one  hundred  dollars,  or  not  exceeding 
thirty  days  in  the  city  stockade. 

Sec.  1278.     Any  person  working  on  any  of  the  wires  aforesaid  ins 
an  intoxicated  condition  or  in  a  careless  manner  shall,  upon  convic- 
tion before  tlie  Recorder's  Court,  be  subjected  to  the  same  punishment 
as  is  provided  for  in  the  foregoing  section. 

Sec.  1279.     All  corporations,  firms  or  persons  to  whom  permis- ^.^^^^^j.^^^^ 
sion  may  hereafter  be  granted    for    running  or  laying  underground  "'''^'."'^^'  ^t*^- 
circuits,  tubes  or  pipes  for  electrical  conductors  or  cables  or  wires, 
shall  conform  to  the  requirements  of  this  ordinance. 

Sec.  1280.     No  street,  alley,  lane  or  road  in  the  City  of  Atlanta 
shall  l)e  broken  or  occupied  by  any  corporation,  firm  or  person  for  the  Ti'd^inancer'nec^ 
purpose  of  laying  down  conduits,  tubes  or  pipes  for  electrical  conduc-  ^'^^"'• 
tors,  cables  or  wires,  unless  authority  by  ordinance  be  first  obtained. 

Sec.  1281.     During  the  construction  or  laying  down  of  said  under- 
ground conduits,  tubes,  pipes,  conductors,  cables  and  wires,  no  street,  openings  and 
alley,  lane  or  road  shall  be  opened,  or  the  paving  broken  into,  for  a  Jp^  °""    ^^ 


greater  distance  than  five  hundred  (500)  feet  at  any  one  time,  and 
ihat  no  section  of  the  five  hundred  (500)  feet  shall  be  kept  open  for  a 
longer  period  than  ten  (10)  days,  and  said  opening  or  trench  shall 
not  1)e  of  greater  width  than  two  (2)  feet,  and  as  the  work  progresses 
the  paving  shall  be  promptly  relaid,  and  the  street,  alley,  lane  or  road 
put  in  good  condition. 

Sec.  1282.     Prior  to  making  an  opening  in  any  street,  alley,  lane 
or  road,  for  the  laving  of  conduits,  tubes  or  pipes  for  electrical  con-  Board  of  Eiec- 

•        '^  .  ^  -,      .  1         trical    Control. 

ductors,  cables  or  wires,  the  corporation,  firm  or  person  desiring  to  lay 
the  same  shall  make  application  in  writing  to  the  Board  of  Electrical 
Control,  and  shall  file  plans  and  specifications  with  said  department. 


314  Part  III. — Ordixaxces. 


Board. 


showing  the  location,  route  and  length  of  the  proposed  conduits,  pipes 
and  tubes,  and  the  said  Board  of  Electrical  Control  shall  have  author- 
Eieetricar™  ^^^3'  ^°  i^suc  the  neccssarv  permit  for  the  opening  of  such  street,  lane, 
alley  or  road,  as  set  forth  in  the  application  and  plans,  as  are  proposed 
to  be  occupied.  The  opening  of  any  street,  lane,  alley  or  road,  with- 
out a  permit  having  been  first  obtained,  shall  forfeit  the  right  of  any 
corporation,  firm  or  person  to  use  or  occupy  any  street,  lane,  alley  or 
road.  The  work  of  laying  any  underground  conduits,  tubes,  pipes, 
electrical  conductors,  cables  and  wires,  shall  be  under  the  direction 
and  to  the  satisfaction  of  the  Board  of  Electrical  Control,  who  shall  at 
all  times  have  free  and  unobstructed  access  to  the  conduits,  tubes, 
pi])es,  electrical  conductors  or  cables,  for  the  purpose  of  inspecting 
the  same,  or  making  connections  therewith  for  wires  or  conductors 
in  use,  or  to  be  used  by  the  city,  in  which  case  the  company  shall  have 
reasonable  notice. 

Sec.  1283.  All  corporations,  firms  or  persons,  occupying  any 
street,  lane,  alley  or  road  with  underground  conduits,  tubes,  pipes, 
cables,  electrical  conductors  or  wires,  shall  l)e  liable  for  all  damages 
to  gas  and  water  main  services,  and  sewer  connections  with  sewers, 
and,  also,  for  any  damages  caused  by  the  opening  of  trenches  or  con- 
dition of  streets,  alleys,  lanes  or  roads  resulting  from  the  laying  of 
conduits,  tubes,  pipes,  electrical  conductors,  cables  or  wires,  or  making 
connections  for  which  the  City  of  i^tlanta  would  otherwise  be  liable,  or 
where  the  same  belongs  to  the  city,  and  sufficient  bond  shall  be  given- 
subject  to  the  approval  of  the  Mayor,  in  the  sum  of dol- 
lars to  cover  the  same,  and  the  said  party  or  parties  shall  he  liable  to 
the  extent  of  damages. 

Sec.  1284.     Any  company,  firm  or  person,  placing  conduits,  under 


One  duct  free  j-j-jj.  ordinance  shall  furnish  to  the  citv  on  demand,  one  (1)  duet  for 

for    city    use.  •  '  ^ 

municipal  purposes  free:  provided,  no  electric  light  or  power  wire  ,-hall 
be  used  in  telephone  or  telegraph  conduits. 

Sec.  1285.     All  corporations,  firms  or  persons  having  telegraph. 

ielephone  or  electric  lighting  wires,  electrical  conductors   or  cables 

mTdJ.^^  *°  ^®   placed  underground  shall,  in  writing,  on  or  before  the  first  day  of 

January  of  each  year,  certify  under  oath  to  the  Board  of  Electrical 

Control  the  actual  number  of  wires,  location  and  the  miles  of  wire  and 

electrical  conductors  underground  owned,  leased  or  controlled  by  tlu-m 

Penalty  for       iu  the  City  of  Atlanta.     Failure  to  make  such  return  within  the  time 

failure.  provided  for  in  this  ordinance  shall  subject  the  oifenders  to  a  penalty 

of  fifty  ($50)  dollars  per  day  until  such  return  is  made. 

Sec.  1286.  Every  company,  corporation,  firm  or  individual,  to 
which  privileges  may  be  granted  for  laying  pneumatic  tubes  shall, 
upon  notice  from  the  Board  of  Electrical  Control,  supply  free  service 
to  the  City  of  Atlanta  and  tlie  depart lueuts  tlicrcof  iH'twecn  such 
points  as  are  or  may  be  reached  by  this  system. 


Free   city    ser- 
vice. 


Part  III. — Ordinances.  v^15 


Sec.  1287.  Upon  the  passage  of  any  ordinance  granting  any  f<^iii- Bonds  etc 
pany,  corporation,  firm  or  in(li\  idnal  ])i'i\ii('ges  under  this  ordinance, 
or  any  ordinance  now  in  force,  oi-  to  he  hereafter  passed,  relating  to 
or  reguhiting  underground  wires,  electrical  conductors,  conduits, 
pipes,  cables  or  tubes,  the  said  company,  corporation,  firm  or  indi- 
vidual sliall,  before  exercising  any  privileges  thereunder,  give  a  bond, 
to  be  drawn  and  approved  by  the  City  Attorney  and  the  Mayor,  and 
to  be  entered  of  record,  in  the  sum  of  two  thousand  ($3,000)  dollars, 
conditioned  that  they  will  properly  relay  and  pave  all  openings  made 
by  them,  and  thereafter  keep  in  repair  the  same.  The  Board  of  Elec- 
trical Control  shall  not  issue  any  permit  as  aforesaid  until  this  con- 
dition is  complied  W'ith. 

Sec.  1288.  Should  any  company,  corporation,  firm  or  individual 
to  which  or  whom  privileges  have  heretofore  been,  or  shall  hereafter  ohiLwoikr 
be  granted  for  the  laying  of  underground  wires,  electrical  conductors, 
cables  or  tubes,  dispose  of  any  of  the  franchises  granted  by  this  ordi- 
nance, or  lease  to  consolidate  or  merge  with  any  other  company,  cor- 
poration, firm  or  individual,  without  the  consent  of  the  Mayor  and 
General  Council  previously  had,  they  shall  forfeit  all  rights  and  priv- 
ileges granted  to  them  by  the  City  of  Atlanta,  and  upon  satisfactory 
proof  being  furnished  to  the  Board  of  Electrical  Control  and  the 
City  Attorney,  they  are  hereby  authorized  and  directed  to  take  such 
action  as  will  carry  the  provisions  of  this  section  into  effect. 


Application— 


Sec.  1289.  Applications  for  permits  to  set  poles  must  be  accom- 
panied by  a  plan  indicating  the  proposed  location  of  same.  Such  approval,  etc. 
plan,  if  approved,  may  be  so  approved  under  modification  in  minor 
details,  subject  to  the  approval  of  the  City  Engineer  and  committee 
having  such  matters  in  charge. 

Sec.  1290.     It  shall  not  be  admissible  to  occupy  any  main  street  AHeys  pre- 
with  new  poles  or  other  supports  where  it  is  practicable  to  penetrate  ^'''"'^^- 
any  district  or  supply  the  occupants  of  any  one  square  by  erecting 
such  poles  or  supports  in  the  alley-ways. 

Sec.  1291.  The  poles  of  a  main  line  on  any  street  must  be  confined 
to  one  side  of  the  street,  unless  a  special  permit  to  the  contrary  be  o"'str°eet  usid 
granted,  and  in  future  construction  poles  of  sufficient  size  and  height  ^'""  '"^*''  ^'"''' 
shall  be  used  as  to  admit  of  all  telephone  and  alarm  wires  being 
placed  on  the  same  poles — all  persons  or  companies  using  the  poles 
paying  a  pro-rata  part  of  the  construction,  according  to  service.  The 
city  reserves  the  right  to  place  fire-alarm  wires  on  all  poles  erected 
on  her  streets,  alley-ways  or  public  places,  without  cost. 

Sec.  1292.     All    poles   carrying   telegraph   or   electric    light     and  Power  wires  to 

J    1  1  n         1  .,  ,  t>e  separated 

powder  M'lres  must  be  placed,  wherever  possible,  on  the  opposite  side  of  f'?™  other 
the  street  from  telephone  and  alarm  wires. 


316 


Part  III. — Ordinances. 


Roofs,    etc., 
not  used  with- 
out   consent    of 
owner. 


Insulated  sup- 
ports required 
and  wires  to 
be  well  sepa- 
rated. 


Kinds  of   insu- 
lators,   etc., 
required. 


Second  com- 
pany to  pay 
expense  of 
raising    wires 
when. 


Ground  con- 
nections  must 
be  detected 
and    remedied. 


Sec.  ]293.  Eoofs  or  other  parts  of  buildings  must  not  be  used  in 
the  support  of  wires  without  the  consent  of  the  owners  thereof  prop- 
erly certified  to  the  City  Engineer. 

Sec.  1294.  All  electric  light  and  power  wires  must  be  fastened  to 
insulated  supports  by  insulated  tie-wires;  the  use  of  uninsulated  tie- 
wires  is  prohibited ;  all  tie- wires  must  have  an  insulation  equal  to  that 
of  the  conducting  wire.  Wires  must  be  tightly  stretched,  and  never 
allowed  to  sag  to  such  an  extent  as  to  be  capable  of  coming  in  contact 
with  each  other,  with  signs  or  other  neighboring  objects. 

Sec.  1295.  In  running  along  walls  all  wires  shall  be  rigidly  at- 
tached to  the  same  by  non-conducting  fastenings,  and  shall  not  hang 
from  projecting  insulators  in  loose  loops.  All  arc  light  wires  shall 
be  placed  at  not  less  than  one  foot,  and  all  incandescent  wires  at  not 
less  than  six  inches  apart,  and  whenever  they  approach  any  conducting 
body  capable  of  furnishing  a  ground  connection,  they  must  be  rigidly 
secured  and  separated  from  the  same  by  some  approved  non-conduc- 
tor. The  use  of  porcelain  knobs  as  insulators  on  the  outside  of  build- 
ings is  prohibited,  except  in  dry  places,'  when  an  approved  special 
insulator  must  be  used  on  the  wires.  Wires  must  not  be  so  placed 
as  to  render  it  easily  possible  for  water  to  form  a  cross  connection 
between  them. 

Sec.  1296.  Where  angles  occur  in  the  line,  subjecting  the  sup- 
ports to  increased  strain,  guard  irons  mvist  be  placed  at  the  outer  ends 
of  cross-arms.  Guard  wires  must  also  be  placed  wherever  their  pres- 
ence would  prevent  telephone,  telegraph  or  other  wires  from  coming 
into  accidental  contact  with  electric  light,  power  and  trolley  wires  for 
electric  street  railways. 

Sec.  1297.  Wherever  it  is  necessary  for  any  electric  light,  power 
or  trolley  wires  to  be  run  under  telegraph,  fire-alarm  or  telephone 
Avires,  permission  shall  be  granted  to  do  so,  but  the  company  running 
such  wire  or  Mdres  shall  pay  the  expense  of  raising  the  other  wires,, 
so  that  said  wires  shall  not  be  less  than  five  feet  above  said  electric 
light,  power  or  trolley  wires,  to  make  them  entirely  safe;  and  when- 
ever any  telegraph,  fire-alarm  or  telephone  company  wish  to  stretch 
wires  above  any  electric  liglxt,  power  or  trolley  wires,  they  must  cross 
not  less  than  five  feet  above  said  wires.  The  guard  wires  above  eacli 
trolley  wire  must  consist  of  two  wires,  not  less  than  N'o.  9  gauge,  and 
be  tightly  strung  not  less  than  two  feet  above  said  trolley  wire  and 
twelve  inches  to  each  side.  The  cost  of  such  guard  wires  and  guard 
irons  or  change  of  poles  shall  he  borne  by  the  persons  or  company  mak- 
ing the  last  construction. 

Sec.  1298.  All  circuits  shall  be  provided  with  some  np]-)r(nod 
device  for  declaring  or  detecting  ground  ('(mnocti(Uis.  Tests  for 
grounds  shall  be  made  at  least  three  times  each  day ;  wlien  a  ground 
connection  occurs,  it  must  l)e  found  and  remedied  without  delay. 


Part  III. — Ordinances.  317 


Sec.   1299.     lioop  wire  poles  and  other  supports  no  longer  in  use 
shall  be'  removed. 

Sec.  1300.  In  granting  permits  to  erect  poles  for  purposes  of  elec- 
tric light  or  power,  the  Mayor  and  General  Council  reserve  the  right  fe*J^eT  "^^' 
— if  the  interests  of  the  city  so  require — to  authorize  other  compa- 
nies or  persons  to  use  the  same  poles  for  the  same  purposes,  upon  the 
payment  to  the  owner  thereof  of  a  proper  compensation  to  be  deter- 
mined by  agreement.  All  permits  will  be  subject  to  this  condition, 
and  in  accepting  a  permit  the  applicant  binds  himself  according 
thereto.  This  same  mode  of  settlement  or  agreement  applies  to  tele- 
phone, telegraph  and  other  wires. 

Sec.  1301.  All  currents  shall  be  run  with  metallic  circuits,  the 
return  wire  of  each  circuit  being  brought  to  the  station  on  the  same  cuus^^  required, 
with  and  cross-arm  on  each  pole  in  order  to  neutralize  the  inductive 
effects,  and  create  as  little  disturbance  as  possible  on  adjacent  wires. 
The  Electric  Light  Company  shall  have  permission  to  trim  trees,  .sub- 
ject to  the  direction  of  the  City  Engineer,  whenever  necessary  to  clear 
their  wires  of  escape  or  leakage,  to  render  them  less  dangerous  to  life. 
Trees  are  to  be  trimmed  with  care,  and  only  when  necessary. 

Sec.  1302.     The  provisions  of  this  ordinance  are  to  go  into  imme- 
diate effect,  as  regards  future  construction,  and  all  necessary  changes  suspended  in 

,1  j_  J  ,  •  1  .    .  a  '^'^^^  °f  non- 

m  the  present  construction  to  meet  the  provisions  of  the  same  to  be  compliance 

^      ,  ,  ■;  with    ordinance 

made  by  the  first  day  of  April,  1890,  and  any  violation  or  refusal  on 
the  part  of  any  person  or  company  to  make  such  alterations  and 
changes  in  their  present  or  future  construction  as  may  be  demanded 
in  conformity  to  said  rules  and  regulations,  shall  work  immediate 
suspension  of  all  permits  held  by  the  company  or  persons  guilty  of  such 
violation  or  refusal,  and  in  case  of  persistent  violation  of  requirements, 
and  in  case  of  dangerous  necessity,  the  City  Engineer  or  committee 
having  such  matters  in  charge  is  authorized  to  instruct  the  police  or 
the  inspector  to  cut  out  lights  or  to  cut  out  the  current  in  the  loealitv 
concerned,  and  to  enforce  the  discontinuance  of  all  rights  until  the 
rules  are  complied  with. 

Sec.  1303.     In  granting  permits  for  overhead  electric  construction 
with  these  rules  and  regulations,  the  Mayor  and  General  Council  re-  fo°  modify  "or"^ 
serve  the  right  to  add  to  or  modify  said  rules  and  regulations,  and  if  ^^^J^  "'"'^ 
it  should  prove  necessary   to    have  arms    or  all    electric  wires  placed 
underground. 

Sec.   1304.     The  Fire  Department  of  the  city  shall  place  in  the  sta- 
tion of  every  electric  light  or  power  company  at  the  latter's  expense,  gony^?o"be 
a  suitable  gong  and  indicator  connecting  with  the  fire  lines,  by  which  powlr  Jtltfon.'' 
shall  be  indicated  the  location  of  all  jfires.  On  the  breaking  out  of  a  fire  Jan.  e,  i89o. 
in  any  district  in  which   any    electric   light    or    power  companv  has 
wires,  such  companies  shall  forthwith  send  a  man  prepared  to  remove 


318  Part  III. — Ordinances. 


the  same,  under  the  direction  of  the  Chief  of  the  Fire  Department  or 
his  assistant. 

Sec.  1305.     When  wires  enter  a  buihlinij,  thev  must  be  encased  in 


Entering  build- 
ings. 


continuoiis  pieces  of  hard,  insulating  tubing,  so  inclined  as  to  oppose 
Feb.  3,  1890.     ^^^^  entrance  of  water,  and  the  outer  end  of  this  tubing  must  be  sealed 
with  some  plastic  insulating  material  in  such  manner  as  to  exclude 
all  moisture. 

Sec.  1306.     It  shall  l)e    the    duty  of    the   owner,  or  contractor  in 
charge  of  the  work,  whenever  it  is  proposed  to  place,  or  increase  elec- 
tric" work  %o^'   trie  lights,  in  any  l)uilding  or  office,  or  other  part  of  a  building  in  the 
£Lctr°i^n?' ^   City  of  Atlanta,  to  notify   the    City    Electrician    of   the  fact,  and  to 
Sept.  17,  1895.  furiiish  Said  City  Electrician  a  plan  of  the  proposed  electric  work, 
showing  connections  and  distributions  of  the  lights,  etc..  in  the  work 
proposed,  and  to  obtain  a  permit    from    said    Electrician  before  pro- 
ceeding with  the  work. 

Sec.  1307.     Any  person  convicted  of  violating  the  foregoing  sec- 
Penaity.  tiou,  in  the  Kecorder's  Court  of  the  said  city,  shall  be  punished  by   a 

fine  of  not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceed- 
ing thirty  days,  either,  or  both,  in  the  discretion  of  the  court,  and  it 
shall  also  be  within  the  power  and  authority  of  the  City  Electrician 
to  require  the  removal  or  modification    of    any    electrical  work  con- 
structed in  violation  of  this  ordinance,  so  as  to  render  the  same  safe, 
such  removal  or  change  to  l^e  made  at  the  expense  of  the  owner  of  the 
building  or  contractor  in  charge  of  the  work,  as  the  case  may  be. 
E^^ction.  ^^^^         Sj;c_  ]  308.     The  time  for  electing  the  City  Electrician  is  changed 
Present  term    ^^0™-  the  first  to  the  sccoud  meeting  in  January  of  each  election  year. 
'^'^^''i^H,l^°""    and  his  term  of  office  shall  be  two  vears. 

Sec.  1309.     It  shall  be  the  duty  of  all  persons  or  companies,  using 
Electric  cur-     °^  employing  electrical  currents  in  the  City  of  Atlanta,  by  or  before 
retaLe'd"in  ^^  ^^^l^'  ^^t,  1898,  to  providc  and  put  in  use  such'  means  and  appliances 
proper  channels  j^^  ^^-jjj  gQ  coutrol  and  effectually  retain  such  currents  in  their  proper 
channels,  and  on  their  own  wires,  tracks  and  other  works,  as  to  prevent 
injury  to  pipes  and  other  structures  belonging  to  the  City  of  Atlanta, 
in  the  streets,  alleys  or  other  parts  of  said  city.     And  to  repair  and 
renew  said  means  and  appliances,  or  from  time  to  time  change  an;i 
improve  the  same  as  may  be  necessary  to  accomplisli  said  purpose, 
all  at  his  or  their  charges  and  expense,  and  at  his  or  their  own  risk. 
selecting  and  adopting  such  means  and  appliances  as  shall  ])ri'vent 
injury  to  pipes  and  other  structures  belonging  to  said  city,  as  aforesaid. 
Sec.  1310.     Any  person  or  company  violating  this  ordinance  shall 
be  subject  to  a  fine  of  one  hundred  ($100.00)  dollars  for  such  offense. 
Penalty.  and  in  order  to  a  conviclion  under  this  ordiiiaiu-t'  it  shall  not  he  nec- 

essary to  show  that  the  entire  electrical  current,  imposed  on  the  pipes 
or  other  structures  belonging  to  said  city  in  the  streets,  alleys  or  other 
parts  thereof,  escapes  from  or  comes  from  the  ])ow('r  house  or  works 


Part  III. — Ordinances.  319 


of  the  party  or  parties  charged  as  aforesaid.  l)ut  it  sliall  he  sufficient  for 
a  conviction  if  the  company  or  party  by  failing  to  restrain  its  or  their 
currents  materially  contributes  to  the  injury  of  pipes  or  other  struct- 
ures belonging  to  said  city  as  aforesaid. 

Sec.  1311.     Be  it  further  ordained  by  the  authority  aforesaid,  that  (.i,,.,^  ^ight 
neither  the  collection  of  any  penalty,  for  violating  Section  1  of   this  ^ot  '^aTcted  by 
ordinance,  nor  any  prosecution  for  the  same,  shall  have  the  effect  to  offXder.'°"  °^ 
take  away  or  abridge  the  right  of  said  city  to  damages   arising   from  March  ii,  isos. 
the  trespass  done  to  said  city,  or  to  the  pipes  or  other  structures  belong-  '-section  i  of 
ing  to  said  city  by  such  aforesaid  current  being  permitted  to  escape  nanc°e-'  'refers 
from  the  structures  of  the  party  or  parties  generating  the  said  cur-  o°  tws  code, 
rent  or  currents,  and  in  case  of  damage  to  the  pipes  or  other  structures 
belonging  to  the  said  city,  in  the  streets,  alleys  or  other  parts  thereof, 
the  same  may  be  demanded  and  collected  through  the  proper  channels, 
:ind  on  failure  to  pay,  that  the  same  may  be  sued  for  in  any  court 
having  jurisdiction;  provided,  this  is  not  to  be  construed  as  requiring 
the  city  to  show  the  damage  actually  produced  by  said  current. 

Sec.  1311  (a).     Electric  light  and  power  wires,  except  trolley  wires     . 
for  railways,  must  be  covered  with  durable  waterproof  insulation,  not  weu  insulated 

''  r^  n  ^^'^  approved 

less  than  two  coatings.     Samples  of  wire  must  be  submitted  to  and  by  Board. 
approved  by  the  Board  of  Electrical  Control. 

Sec.  1311  (h).     Owners  or  persons  engaged  in  repairing,  etc.,  find- 
ino-  it  necessarv  to  remove  wires  from  buildings,  shall,  in  writing,  no- of '^^ifes neces- 

■-  ^  ^'  sary  in  repair- 

tifv  the  Citv  Electrician  twentv-four  hours  before  contemplated  work  1"^  any  buiid- 

i  mg. 

is  begun,  and  the  City  Electrician  shall  have  owner  of  such  wires 
remove  the  same ;  provided,  such  owner  or  contractor  may  remove  such 
wires  still  unremoved  forty-eight  hours  after  giving  notice  as  above. 

Sec.  1311  {c).     All  companies,  corporations,  firms  or  persons  now 
owning  or  operating  electric  light  wires,  electric  power  wires  and  elec-  light,  power 
trie  railway  feeder  wires,  except  trolley  wires,  shall  proceed  to  place  feeder Vlre^, 
such  wires  in  underground  conduits  within  the  close  district  of  the  ^ires,  shaiiTe 
fire  limits  of  this  city,  and  shall  complete  the  work  of  placing  such  dults  in  inner 
wires  underground  within  two  years  from  the  date  of  the  approval  of 
this  ordinance;  and  all  persons  or  companies  that  may  hereafter    be 
granted  permission  to  operate  electric  light,  power  or  feeder  wires  in 
the  City  of  Atlanta,  shall  in  the  beginning  place  such  wires  in  under- 
ground conduits  within  the  radius  above  described.     The  work    of 
placing  such  existing  wires  in  underground  conduits  will  be   com- 
menced as  early  as  possible,  and  plans  for  such  work,  whether  existing 
wires  or  wires  to  be  hereafter  installed,  must  be  submitted  to  and  ap- 
proved bv  the  Board  of  Electrical  Control  of  the  Citv  of  Atlanta  ;  and  work  and  ma- 

•^  "  '  '  terial  under 

all  material  used  in  executing  said  work  to  be  approved  by  the  Board  supen-ision  of 

°  rr  „  Board  of 

of  Electrical  Control,  and  the  actual  execution  of  the  work  to  be  done  Electrical  con- 

trol. 

under  the  supervision  of  the  Board  of  Electrical  Control  of  the  city 
and  the  Citv  Engineer. 


320 


Part  III. — Ordixances. 


Deef  ctive  work 
may  be  order- 
ed removed. 


Sec.  1311  (d).  All  material  used,  and  the  work  done,  in  placing 
electric  wires  in  underground  conduits,  as  aforesaid,  which  does  not 
meet  the  approval  of  the  Board  of  Electrical  Control,  may  be  rejected 
by  said  Board,  and  in  event  of  such  rejection,  be  removed  by  the  com- 
pany furnishing  such  material  and  doing  such  work,  at  its  own  ex- 
pense, within  five  days  after  notice  of  such  rejection,  and  if  not  so  re- 
moved within  ten  days  after  such  notice  of  rejection,  they  may  be 
removed  by,  or  under  the  direction  of,  the  Board  of  Electrical  Control 
at  the  expense  of  the  party  furnishing  such  material  or  doing  such 
work. 

Sec.  1311  (e).  The  City  of  Atlanta  reserves  the  right  and  power  to 
require  the  extension  of  underground  conduits  and  the  placing  of  elec- 
tric light,  electric  power  and  electric  railway  feeder  wires  in  them  at 
any  and  all  points  within  the  limits  of  the  City  of  Atlanta,  from  time 


The  city  re- 
serves the 
right  to  j)lace 
all  electric 
light   power 

feeder  wires  in  to  time,  in  the  discretion  of  the  Board  of  Electrical  Control,  subject, 
conduits  however,  to  revision  and  final  ai)proval  bv  the  Mavor  and  General 

Oct.  9,  1899.  1  i  ^  .. 

Council. 


CHAPTEE   XXXV. 


STREET  RAILROAD  COMPANIES. 


Section. 

1312.  Conform    to   surveys. 

1313.  Maintain   streets. 

1314.  Charges  for  fare. 

1315.  Numbers  on  cars. 

1316.  Not  use  bells  near  churches  on  Sundays. 

1317.  Rate  of  speed  regulated. 

1318.  Paving  streets. 

1819.  Rules  for   car  companies. 

1320.  Street   grades   furnished. 

1321.  Duty  of  companies  as  to  grades. 

1322.  Penalty    for    refusal    to    pay    fare. 

1323.  Penalty  for  obstructing  platforms  of 
cars. 

1324.  Penalty   for   interference   with    track. 

1325.  Change  of  radius  at  Washington  and 
Jones    streets. 

1326.  Right  reserved  to  grant  franchises  to 
other   companies. 

1327.  This  reservation  to  apply  to  all  compa- 
nies already  exercising  franchises  if 
they  apply   for    additional   privileges. 

1.328.  Penalty  for  laying  tracks  without  au- 
thority. 

1329.  Ordinance  extends  to  all  companies — 
when. 


Section. 

1330.  .$5,000   to  cross  Broad  street  bridge. 

1331.  Speed  of  cars — and  stops  at  crossings. 

1332.  Heavier  grade  has  right-of-way. 
1333-1334.  Cars  go  to  right  on  bridges. 
1335-1336-1337.   Transfer  ordinance. 

1338.  Duty  as  to   repairs. 

1339.  Guard   wires. 

1340.  Poles  painted. 

1341.  Posts  set  only  on  permission  of  Commis- 
sioner  of   Public   Works. 

1342.  Slacken    speed    in    case      of      frightened 
horses,    etc. 

1343.  Penalty. 

1344.  Must  pay  for  eleven   feet  of  paving. 

1345.  More  about  street  paving. 

1346.  In   case  of    second     track    no    more   ex- 
pense. 

1347.  Rebate   on  streets  already  paved. 

1348.  Must  provide  fenders. 

1349.  Penalty. 

1350-1351.  Transfer    tickets— railroads    piotcct- 

ed  in  use  of. 
1351    (a) -1351    (m).    General    ordinance   as   to 

construction,   operation,   extension,   etc., 

of  street  railways. 


Conform   to 
surveys. 


Sectiox  1312.  It  shall  be  the  duty  of  street  railroad  companies  to 
conform  to  the  surveys,  regulations  and  grades  as  they  are  now,  or 
may  hereafter  be,  established  by  law  or  an  ordinance  of  the  City  of 
Atlanta.  They  shall  submit  all  proposed  plans,  courses,  stjdes  of  rails, 
and  the  manner  of  hiying  the  same,  to  the  Street  Committee,  for  their 


d 


Part  III. — Ordinances.  321 


api^roval  and  sanction,  which  shall  be  obtained  before  they  proceed  to 
break  ground,  or  occupy  any  of  the  highways  aforesaid. 

Sec.  1313.  The  said  railroad  companies  shall  be  at  the  entire  cost 
and  expense  of  the  maintaining  and  repairing  that  may  be  necessary  ^^g"/g''" 
upon  any  road,  street,  avenue  or  alley,  occupied  by  them,  for  the  widtl; 
required.  It  shall  also  be  the  duty  of  the  company  to  clear  the  streets, 
or  otlier  public  highways  that  they  may  occupy,  of  any  obstructions 
placed  u})on  them  by  said  company,  when  the  same  impedes  the  trade 
upon  such  highway;  and  for  any  neglect  on  their  part  to  do  so  for  a 
period  of  three  days,  they  shall  be  punishable  by  a  fine  of  twenty  dol- 
lars for  each  offense,  upon  complaint  of  five  citizens  on  oath  or  affirm- 
ation. 

Sec.  1314.     The  charges  for  passage  on  said  roads  shall  not    ex- charges  on 
ceed  twenty  cents  for  any  through  line,  and  ten  cents  for  half  lines '°'"'' 
or  short  distances.' 

Sec.   1315.     It   shall  be   incumbent  on   all  street  car  companies, 
before  placing  cars  on  their  road,  to  have  the  number  painted  on  some  Numbers  on 
conspicuous  place  on  each  car,  and  any  omission  or  neglect  to  comply  ''"*" 
with  this  provision  shall  be  punishable  by  a  fine  of  ten  dollars. 

Sec.  131().     It  shall  be  unlawful  for  any  agent,  officer  or  employe 

■'       °     .  ,          ,  «t'-eet  car  hells 

ot  a  street  ear  company  to  use  bells  on  any  animals,  or  street  cars,  not  used  near 
Mitliin  fiftv  vards  of  any  church  on  the  Sabbath  day  during  divine  ing  worship  on 

,  .  "     ■  '  no       T  .      .  ,  „  Sabbath. 

worship,  and  any  person  so  oiiendmg,  on  conviction  thereof  in  the 
Recorder's  Court,  shall  pay  a  fine  not  to  exceed  one  hundred  dollars,  or  ,        ' 
be  imprisoned  not  to  exceed  thirty  days,  either  or  both,  in  the  discre- 
tion of  the  court. 

Sec.   131T.     The  running  speed  of  street  railroads  in  the  City  of        • 
Atlanta  shall  not  be  at  a  greater  rate  than  ten  miles  per  hour  within  speed  of  street 

°  ^  cars. 

a  radius  of  one  quarter  of  a  mile  from  the  northeast  corner  of  the  ^ 
L'nion  Passenger  Depot,  and  not  greater  than  fifteen  miles  per  hour  ^.^^  g^J  ^3^^ 
beyond  said  radius,  and  never  to  be  greater  than  six  miles  per  hour  at 
crossings  within  said  radius  of  one  quarter  of  a  mile  of  said  Union 
Passenger  Depot,  and  the  speed  at  crossings  outside  of  said  radius 
shall  not  exceed  ten  miles  an  hour ;  provided,  the  right  to  lower  these 
rates  of  speed,  if  deemed  wise  hereafter,  is  reserved  by  the  Mayor  and 
General  Council. 

Sec.  1318.  Said  companies  shall  be  required  to  macadamize  or 
pave  the  width  of  the  track,  and  for  three  feet  on  each  side  of  every  stveett""^'"^ 
line  of  track  in  cases  of  necessity,  to  be  judged  of  by  the  Committee  on 
Streets ;  they  shall  be  governed  in  locating  the  tracks  by  the  Street 
Committee,  nor -shall  they  locate  any  track  without  the  consent  of  said 
committee,  or  a  majority  thereof. 

Sec.  1319.     The  Mayor  and  Council  of  the  City  of  Atlanta  hereby 
reserve  to  themselves  the  right,  in  conjunction  with  the  president  and  pany! 

1   This  section  had  reference  to  old  lines  of  the  Atlanta  Street  R.   R.  Co. 
{21) 


322 


Part  III. — Ordinan^ces. 


Grade  fur- 
nished. 


Duty   of 

streets. 


Refusal 
fare. 


directors  of  said  companies,  to  make  all  needful  rules  and  regulations 
for  the  government  of  said  companies.' 

Sec.  1320.  When  any  street  railroad  company  shall  apply  for 
permanent  grades  of  any  street  on  which  it  is  proposed  to  construc*^ 
a  street  railroad,  it  shall  be  furnished  with  both  the  surface  and  per- 
manent grade,  and  said  company  or  companies  may  occupy  either  the 
surface,  intermediate  or  permanent  grade. 

Sec.  1321.  When  the  said  company  or  companies  shall  occupy 
to  either  the  surface,  intermediate  or  permanent  grades  the  said  company 
or  companies  shall,  at  their  own  cost  and  expense,  place  the  said  street 
and  sidewalks,  and  all  adjacent  cross-streets,  lanes  and  alleys,  in  as 
good  condition  as  they  were  before  they  were  so  occupied,  and  be  held 
liable  for  any  damage  accruing  to  property  holders. 

Sec.  1322.  Any  person  who  shall  enter  any  of  the  cars  of  any 
pay  street  railroad  company  for  the  purpose  of  riding  therein,  and  who 
shall  fail  or  refuse,  on  request,  to  pay  the  usual  and  proper  fare  or 
charge  for  the  same,  with  intent  to  defraud  the  said  street  railroad 
company,  shall,  on  convictioil,  be  subject  to  a  fine  not  to  exceed  ten 
dollars  and  costs,  or  imprisonment  for  ten  days,  one  or  both,  in  the  dis- 
cretion of  the  Eecorder's  Court. 

Sec.  1323.  Any  person  not  being  a  regular  passenger  on  such  car 
or  cars,  who  shall  obstruct  or  occupy  the  platform  of  such  car  or  cars, 
either  by  standing  upon,  leaning  against,  or  swinging  to  the  same, 
shall,  on  conviction,  be  subject  to  the  same  penalty  prescribed  in  Sec- 
tion 1322  of  this  Code. 

Sec.  1324.  It  shall  not  be  lawful  for  any  person  willfully  to  place 
any  obstruction  on  the  track  or  road-bed  of  any  line  of  any  street  rail- 
road company  located  or  running  in  or  through  the  said  City  of  At- 
'■'•  lanta,  or  unnecessarily  to  interfere  with  or  obstruct  the  free  passage 
of  any  car,  or  to  endanger  the  safety  of  any  car,  or  any  person  in  any 
ear,  running  in  or  through  the  City  of  Atlanta,  l)y  willfully  allowing 
their  vehicles  to  remain  on  or  about  the  track  of  said  railroad  com- 
pany, or  by  any  other  careless,  negligent  or  willful  means  whatever. 
A  violation  of  this  section  shall  subject  the  offender,  on  conviction,  to 
a  fine  not  exceeding  ten  dollars,  or  imprisonment  not  longer  than  ten 
days,  in  the  Kecorder's  Court. 

Sec.  1325.  An  ordinance  heretofore  adopted  by  this  body  requir- 
ing the  Atlanta  Street  Eailroad  Company  to  change  the  radius  at  the 
'^'^^  intersection  of  Washington  and  Jones  streets  from  a  fifty  feet  to  a 
forty  feet  radius,  and  to  pave  between  its  tracks,  and  for  three  feet  on 
either  side  of  said  tracks,  on  Jones  street,  and  for  other  purposes,  be, 
and  the  same  is  hereby  amended  as  follows,  viz:  That  in  reducing 
said  radius,  said  Atlanta  Street  Railroad  Company  sliall  so  conform 
to  Washington  and  Jones  streets  at  their  intersection  a?  not  to  occupy 


Obstruct  iiif 
platform. 


Penalty. 


Atlanta    St 
Railroad. 


This  section   had   reference   to   the   old   horse  ar 


Part  III. — Ordinances.  323 


or  obstruct  any  portions  of  the  sidewalks  on  Jones  street  and  Wash- 
ington street. 

Sec.  1326.     The  Mayor  and  General  Council  of  the  City  of  Atlanta,  STfo^'^an! 
in  granting  franchise  to  street  railroads  and  street  car  companies    of  oXf  comp\° 
whatever  motive  power,  reserves  the  right  to    grant    a    franchise    to  jan/  g^  iggo. 
another  company  or  companies,  when,  in  their  judgment,  the  public  ^gw  company 
interest  and  welfare  is  subserved  thereby,  over  any  part  of  any  street  expenses!^*^*^ 
or  streets,  not  to  exceed  three  blocks,  or  1,200  feet,  upon  the  petition-  >-ee  section 
ing  party  or  company  paying  a  pro-rata  part  of   the   original  cost   of  \l\  laterordi- 
construction,  and  a  pro-rata  part  of  keeping  up  in  good  repair  of  that  fo^rcron°an'd 
part  of  the  road-bed  used  by  them  jointly.  \vm.    "^' "" 

Sec.  132T.     Any  street  railroad  company  or  street  car  company,   of 
whatever  motive  power,  having  the  franchise  granted  prior  to    the  tion  t^^be 
passage  of  this  ordinance,  and  petitioning  the  General  Council    for  bie  fo  ai'/'com- 
additional  privileges  or  amendments  as  regards  power,  or  additional  additional  °^ 
streets,  or  any  other  material  change,  agree  to  the  provisions  of    thc'"'^'^^^' 
foregoing   section,   otherwise   any   material   addition   or   amendment 
shall  be  denied  to  any  such  street  railroad  or  street  car  company. 

Sec.  1328.     Any  street  railroad  company,  its   servants    or    agents, 
who,  without  authority  from  the  Mavor  and  General  Council,  shall  lav  laying  tracks 

''  '  '  •'   without   au- 

any  tracks  on  any  street  or  portion  of  a  street,  or  shall  displace  any  per-  thority. 
manent  improvement  for  making  repairs,  without  written  authority 
from  the  Commissioner  of  Public  Works,  shall,  upon  conviction  there- 
of, be  fined  not  more  than  five  hundred  dollars  for  each  offense,  or  be 
imprisoned  not  exceeding  thirty  days,  either  or  both,  in  the  discretion 
of  the  Eecorder's  Court. 

Sec.  1329.     This  ordinance  is  construed  and  hereby  made  a  part  of  g^^^^^^^  ^^  ^^ 
the  agreement  on  the  part  of  the  City  of  Atlanta,  against  any  individ-  companies, 
ual  company  or  corporation  who  may  petition  to  extend  railroad  lines,  ^^^-  ^'  ^^^- 
or  for  any  material  privileges  or  changes,  or  to  construct  new  lines 
through  any  street  or  part  of  street  in  said  city. 

Sec.  1330.     Every  street  railroad  company  crossing  Broad  street 
bridge  with  its  tracks  or  cars,  shall  be  required  to  pay  into  the  cityS^t  ranroads 
treasury  the  sum  of  five  thousand  dollars  for  the  privilege  of  crossing  streeT^ridgt, 
said  bridge,  and  shall  thereafter  be  required  to  pay  such  proportion  keep  tt°in^re^ 
of  the  expense  of  keeping  said  bridge  in  good  repair  as  may  be  just  ^^''^' 
and  proper  in  the  judgment  of  the  Mayor  and  General  Council  in  "^^^^  "^'  ^ 
oifiee  at  the  time,  when  such  repairs  are  made. 

Sec.  1331.     It  shall  be  unlawful  for  any  street  car,  electric,  horse- Not  to  exceed 

.,  .  ,  ,  .  four  miles  an 

power,  or  otherwise,  to  run  over  any  street  crossing,  or  at  an  intersect-  hour  at  cross- 

jnfs     etc 

mg  street,  at  a  greater  speed  than  four  miles  an  hour,  and  without  and 'to  stop  at 

.  1  ,     Ti  .        .  ,     ,,  such  places. 

giving  warning  by  repeatedly  ringing  a  bell  or  gong;  provided,   thisg^^s^^  ^g^, 
ordinance  shall  not  be  so  construed  as  to  permit  the  violation  of  tho  ^^^'^^  ^!, .^ 

>■  '  later  ordi- 

ordinance  approved  September  o,  1887,  prohibiting  the  use  of  bells  on  *'^"''^- 


324  Part  III. — Oedinaxces. 


animals  or  street  cars  within  fifty  yards  of  any  church  on  tlie  Sab- 
bath Day  during  divine  worship. 

Sec.  1332.  When  two  roads  or  tracks  cross  each  other  it  shall  be 
heavy '^grldl  ^^^^  ^^^J  ^^  ^^®  persous  in  charge  of  the  motive  power  of  the  cars  to 
way  "but^  mu'Jt  ^ome  to  a  stand,  to  see  that  the  crossing  is  clear.  In  cases  of  heavy 
Ap^  n   1884    grades  the  line  having  the  heavy  grade  shall  have  the  right-of-way. 

Sec.  1333.  It  shall  be  unlawful  for  any  street  railway  company  to 
run  electric  cars  across  Forsyth  street  bridge,  except  by  entering  and 
passing  across  on  the  right  side  of  the  bridge,  looking  from  the  direc- 
tion from  which  the  car  is  approaching  the  bridge;  or  to  cause  a  car 
to  pass  partly  over  the  bridge  and  return  on  the  same  track  to  the  point 
of  entrance. 

Sec.  1334.  Any  street  railway  company  convicted  of  a  violation  of 
this  ordinance  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars,  in  the  discretion  of  the  court. 

Sec.  1335.  From  and  after  the  first  day  of  May,  1897,  it  shall  be 
unlawful  for  any  company  operating  electric  or  other  railways  in    or 


Cars    go    to 
the  right  on 
Forsyth   street 
bridge. 


prov*iding"fOT  upou  the  strccts  of  Atlanta,  by  itself  or  its  agents,  directly  or  indi- 
of  tranrfCT"  by  rcctly,  to  chargc  or  collect  more  than  five  cents  for  the  transportation 
ways^  ^^'^  ^^^ '  of  any  person  from  any  point  on  said  line  or  lines  to  any  other  point 
April  7,  1897.  Oil  any  line  or  lines  owned  or  operated  by  said  company,  whether  the 
same  be  for  a  continuous  passage  on  a  through  line  or  by  transfer  to 
any  other  line  or  lines  owned  and  operated  by  said  company. 

Sec.  1336.  Upon  the  payment  of  one  full  fare,  as  above  provided, 
it  shall  be  the  duty  of  said  railway  company  to  transport  such  passen- 
ger to  his  destination,  upon  any  line  or  lines  of  said  company,  and  to 
furnish  a  transfer  ticket,  without  additional  charge,  whenever  it  is 
necessary  for  such  passenger  to  change  to  the  car  of  any  other  line  or 
lines  operated  by  said  company,  in  order  to  reach  his  said  destina- 
tion.^ 

Sec.  1337.  Any  violation  of  the  above  ordinance,  or  any  refusal  to 
furnish  a  transfer  ticket,  as  above  provided  for,  by  any  officer  or  agent 
of  any  street  railway  company  in  said  city,  shall  be  punished  by  a  fine 
of  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred 
($100.00)  dollars,  or  imprisonment  not  less  than  thirty  days,  in  the 
discretion  of  the  Recorder;  provided,  that  nothing  herein  contained 
shall  apply  to  any  transfer  beyond  the  corporate  limits  of  the  city  on 
any  outgoing  car. 

Sec.  1338.  The  Street  Inspector,  or  person  appointed  by  the  Com- 
street  rail-  missiouer  of  Public  Works,  is  directed  to  notify  the  several  street  rail- 
roads. j.Q^Q  companies  now,  or  hereafter,  doing  business  in  the  City  of  At- 
Duty  of.  lanta,  what  parts  of  the  sidewalks  or  streets  of  the  city  crossed  or  used 
May  5,  1884.      ^^^  ^^^j^  street  railroad  companies  are  out  of  repair  on  ncconnt  of  the 


1   Sections  13.35  to  1.337  have  been  enjoined  as 
Company  by  the   Federal   coiirts. 


Part  III. — Ordinances.  325 


tracks  or  running  of  the  cars  of  such  street  railroad  companies,    or  j^^_^^         .^ 
from  the  manner  in  which  said  street  railroad  is  built  and  operated  on  *^''''^''^- 
the  public  sidewalks  and  streets  of  the  City  of  Atlanta,  and  such  street 
railroad  company  failing,  on  five  days'  notice,  to  keep  and  put  such 
sidewalks  and  streets  so  crossed  or  used  by  such  street  railroad  com- 
pany, in  good,  smooth,  passable  condition,  it  shall  be  the  duty  of  the 
Commissioner  of  Public  Works  to  prevent  such  street  railroad  com-  city  may  do  so. 
pany  from  crossing  or  using  street  or  sidewalk  so  out  of  repair  and  not 
in  good,  smooth,  passable  condition,  on  account  of  such  street  railroad 
company,  until  the  same  can  be  properly  repaired  and  placed  in  good 
condition  for  pedestrians  or  vehicles,  which  shall  be  done  by  the  Com- 
missioner of  Public  Works,  and  the  cost  of  such  work  shall  be  esti- 
mated by  the  Commissioner  of  Public  Works  and  returned  to  the  Clerk 
of  Council,  who  shall  issue  execution  therefor  against  such  street  rail-  n.  Ins. 
road  company,  and  place  the  same  in  the  hands  of  the  Marshal,  who 
shall  collect  and  levy  the  same  on  any  property  of  the  street  railroad 
company  as  usual  in  such  cases  for  sales  under  city  tax  ft.  fas. 

Sec.  1339.     Street  railway  companies  using  electricity  as  a  motive 
power  with  an  overhead  system  of  wires,  shall  erect  and  keep  in  good  be  erected. 
repair  a  guard  wire  (of  not  less  than  No.  6  gauge)  tightly  strung  two 
feet  above  the  wire  or  wires   used   to   convey   the   current  to  the  ciar 
motor. 

Sec.  1340.     All  companies  or  corporations  having  poles  erected  on 

^  ^  =■   ^  Poles  to  be 

the  streets  or  sidewalks  shall    be    required    to  have  the  name  of  said  painted, 
company  or  corporation  stamped  or  printed  on  each  pole.  J""^  ^>.  i89o. 

Sec.  13-11.     Persons  who  are  setting  posts  at  the  edge  of  sidewalks 
for  the  purpose  of  building  fences,  will  not  be  required  to  apply  to  the  ^n°''to"^set^^'^' 
Commissioner  of  Public  Works  for  a  permit  to  do  so,  but  may  remove  ^ppHing^^o"* 
the  brick  necessary  to  set  said  posts,  and  replace  same  after  being  set.  o^"'JJbTic°"*"^ 
The  work  of  replacing  to  be  done  in  a  proper  and  workmanlike  man-  '^^'°''''^- 
ner,  and  if  not  so  done,  then  the  Commissioner  of  Public  Works  shall  ^^"^  ^'  ^^®^- 
have  it  done  at  the  expense  of  the  property  owner. 

Sec.  1342.  When  an  engineer,  or  party  in  charge  of  the  motive 
power  of  any  car,  shall  see  that  his  car  is  the  cause  of  frightening  fn^'case  of"'* 
horses  attached  to  vehicles,  it  shall  be  his  duty  to  slacken  his  speed  and  Ss!"et'c. 
cease  the  cause  of  fright  as  much  as  possible,  and  give  the  party  driv- 
ing the  horses  an  opportunity  of  getting  off  the  street  at  the  first 
crossing.  In  case  of  damage  to  life  or  property,  that  party  in  charge 
of  the  motive  power  of  the  car  is  to  be  held  responsible,  for  it  is  clearly 
his  duty  to  keep  a  close  watchout  as  to  what  is  going  on  in  front  of  his 
car. 

Sec.  1343.     Any  engineer  or  person  in  charge  of  the  motive  power 
of  any  car  violating  any  of  the  provisions    of    this    ordinance,  shall  Penalty  for 

^  ^  '  '  violating:    this 

upon  conviction  before  the  Eecorder's  Court,  pav  a  fine  of  not  less  than  ordinance  or 

^     •  directing  such 

ten  dollars  and  cost,  or  be  imprisoned  not  less  than  ten  davs  upon  the  violation. 


326 


Part  III. — Ordinances. 


To  pay   for  11 
feet    of   streets 
paved   before 
franchise 
granted. 

Abutters  to  re- 
ceive  their 
pro  rata. 


Paving    of 
streets  by 
street    rail- 
roads. 


public  works ;  and  any  manager  or  agent  in  charge  of  any  line  of  street 
railroad  in  this  city,  who  shall  give  or  cause  to  be  enforced  orders  in 
conflict  with  the  provisions  of  this  ordinance,  shall,  upon  conviction 
before  the  Eecorder,  pay  a  fine  of  not  less  than  twenty-five  dollars,  or 
serve  not  less  than  twenty-five  days  upon  the  public  works. 

Sec.  1344.  In  all  cases  where  a  street  railroad  company  shall 
desire  to  place  tracks  on  any  street  which  has  already  been  paved,  such 
street  railroad  company  shall  first  pay  into  the  city  the  cost  of  paving 
such  street,  the  width  of  eleven  feet  thereof  being  the  space  between 
the  track,  and  for  three  feet  on  each  side  thereof,  and  said  city  shall 
pay  of  said  amount  so  paid  into  abutting  property  owners  the  pro-rata 
to  which  they  are  entitled. 

Sec.  1345.  Whereas,  The  charter  of  the  City  of  Atlanta  was 
amended  by  the  Act  approved  October  10th,  1891,  so  as  to  leave  it 
discretionary  with  the  Mayor  and  General  Council  of  said  city  as  to 
what  proportion  of  the  cost  of  street  paving  done  before  the  occupancy 
of  any  street  by  any  street  railroad  company  should  be  paid  by  such 
street  railroad  company ;  and 

Whereas,  Before  said  charter  amendment  street  railroad  companies 
were  required  by  Section  1144  of  the  City  Code  of  Atlanta  of  1891 
(1344  of  this  Code),  to  pay  the  same  proportion  of  the  cost  of  paving 
done  before  as  of  paving  done  after  the  occupancy  of  any  street  by  any 
street  railroad  company ;  and 

Whereas,  It  is  important  to  have  some  definite  rule  to  be  applied 
to  all  cases  where  a  different  rule  of  contribution  is  not  especially 
made  by  the  Mayor  and  General  Council ;  therefore. 

Be  it  ordained.  That  section  1144  of  the  City  Code  of  Atlanta,  1891 
(1344  of  this  Code),  shall  be  the  basis  and  rule  of  contribution  to  be 
required  of  street  railroad  or  street  railway  companies  on  account  of 
the  paving  of  streets  paved  before  the  occupancy  of  such  streets  by 
any  street  railroad  or  street  railway  company;  provided,  nevertheless. 
that  it  shall  be  competent  for  the  Mayor  and  General  Council,  in 
particular  cases,  on  account  of  the  worn  condition  of  the  pavement 
on  any  such  paved  street,  to  require  contribution  of  a  smaller  amount 
than  the  full  cost  of  eleven  (11)  feet,  as  required  by  Section  1144  of 
such  Code  as  aforesaid. 

Sec.  1346.  A  second  track  shall  not  make  any  street  railway  com- 
pany laying  it  liable  for  belgian  blocks  or  other  improvements  alread} 
made,  but  the  blocks  or  other  improvements  shall  be  replaced  after  said 
second  track  is  laid  in  condition  acceptable  to  the  City  Engineer. 

Sec.  1347.  In  any  case  where  a  street  railroad  company  pays  into 
the  city  treasury  any  money  as  a  rebate  on  account  of  street  paving 
done  before  the  laying  of  railroad  tracks  on  a  particular  street,  that 
part  of  such  money   going   to   abutting   owners    shall    be  distributed 


May  21, 


Rebate    on 
street    paving. 

March  24,  1895 


Part  III. — Okdixaxces.  327 


pro-rata  according  to  frontage  amongst  the  owners  of  the    property 
abutting  on  the  portion  of  the  street  occupied  by  the  railroad  tracks. 
Sec.  1348.     From  and  after  the  20th  day  of  December,  1897,  that 
all  electric  railroad  companies  operating  a  line  or  lines  in  the  City  of  fection'^orhu- 

man  life  and 
requiring    fend- 

of  the  best  and  most  improved  design,  to  the  end  that  injuries  to  per- 
sons shall  be  prevented  and  human  life  preserved. 

Sec.  1349.  Any  person,  whether  president,  vice-president,  su- 
perintendent, manager,  conductor,  motorman,  or  other  officer  or'^"''  "^'  ^^^^' 
employe  of  any  such  railroad  company,  who  shall,  after  said  date, 
operate  in  said  city,  or  cause  to  be  operated,  any  electric  car  which 
is  not  equipped  with  fenders  or  life  saving  device  as  hereinabove  pro- 
vided, shall,  for  each  offense,  upon  conviction  thereof,  be  punished  by 
fine  not  exceeding  one  hundred  ($100.00)  dollars,  or  imprisonment 
not  exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the 
Recorder's  Court;  provided,  that  nothing  herein  contained  shall  be 
construed  to  prevent  a  car  that  has  been  disabled  out  on  a  line  from 
being  operated  through  any  of  the  streets  of  Atlanta  on  its  way  to  the 
shops  of  any  company  for  necessary  repairs ;  or  on  extraordinary  occa- 
sions, when  the  Mayor,  with  the  Electric  and  Other  Eailroads  Com- 
mittee, in  their  judgment,  may  grant  permission  to  operate  fenderless 
cars,  the  company  assuming  all  responsibility. 

Sec.  1350.     Xo  transfer  ticket   or  written  instrument  giving  or  ^^^^^^  radioad 
purporting  to  give  the  right  of  transfer  to  any  person  or  persons  f rom  ^^''^^q^^'"  J^^^; 
a  street  railroad  car,  operated  upon  the  same  or  another  line,  or  route  ^'^''^bie. 
of  said  street  railroad,  in  said  city,  shall  be  issued,  sold,  or  given  awav, 
except  to  a  passenger  lawfully  entitled  thereto,  and  by  or  from  a  duly 
authorized  agent  of  the  said  street  railroad  company. 

Sec.  1351.  Any  person,  other  than  a  duly  authorized  agent  of  the 
aforesaid  street  railroad  company,  who  shall,  in  said  city,  issue,  sell.  ^'™'''*^-- 
exchange  or  give  away  such  a  transfer  ticket  with  intent  to  have  the  ''''''■  ^^'  '^^^' 
same  used  for  passage,  and  any  person  or  persons  not  lawfully  entitled 
thereto,  who  shall  offer  for  passage  such  a  transfer  ticket,  shall  be 
guilty  of  an  offense  for  each  and  every  act,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  not  to  exceed  thirty  davs,  or  fined 
not  exceeding  one  hundred  dollars,  either  or  both,  in  the  discretion 
of  the  Eecorder's  Court  for  each  and  every  such  offense. 

Sec.  1351  (a).     All  street  railways  and  lines,   and   parts   of  lines 
hereafter  constructed,  and  put  into  operation  within  the  limits  of  the  ^'^^^''-'^l  "'1'- 

^.  '-  ^  nance  for  the 

bity  ot  Atlanta,  as  now  or  hereafter  defined,  shall  be  constructed  and  ^'''n*^''"^*\°" . 

^  and    reg:ulation 

operated  under  the  provisions  of    this    ordinance,    and    amendments  °'\.^^''^^^  ■■^"' 
thereto,  which  may  be  hereafter  made  concerning  the  regulation  of  the  ^^„  ^   ^g^ 
operation  of  street  railways,  and  all  existing  street  railway  companies, 
having  lines  already  constructed  and  in  operation  in  the  limits  of  the 


328  Paet  III. — Ordinances. 


All  new  liiKs.  ^'^^y  0^  Atlanta,  which  shall  apply  for  and  accept  privileges  to  con- 
Son""of^'any  ^truct  a  uew  line  or  lines,  to  extend  an. existing  line  or  lines,  or  to 
come^under'"'  connect  OP  otherwise  change  existing  lines,  shall  thereupon  become 
of'^wrOTdT-"''  '^^^  thereafter  be  subject  to  the  provisions  of  this  ordinance,  and 
nance.  amendments  thereto,  which  may  be  hereafter  made,  touching  regula- 

tions as  aforesaid. 

Sec.  1351  (&).  This  ordinance  shall  enter  into  and  form  part  of 
Becomes  part    the  contract  granting  power  and  authority  by  the  City  of  Atlanta  to 

of  future  con-  j         j         -i  j  r*  •      •  j 

tracts.  any  street  railway  company,  or  to  any  person,  firm,  or  association  to 

construct  and  operate  a  line,  or  an  extension,  or  addition  to  any  exist- 
ing line  or  system  of  street  railways  in  the  City  of  Atlanta,  subject, 
however,  to  the  right  of  the  city  to  amend  said  ordinance,  as  to  mat- 
ters of  regulation  as  aforesaid. 

Sec.  1351  (c).     The  duty  and  obligation  of  street   railway  compa- 

Does  not  affect  nies  to  pay  for  paving,  repairing  and  keeping  in  repair  the  proportion 

as  to  paving,     of  the  roadway  of  streets  and  alleys  occupied  by  their  tracks  required 

by  the  city  charter,  to  pay  ad  valor  em  taxes  on  their  properties,    and 

to  pay  occupation  taxes  on  their  business,  are  in  no  way  to  be  impaired 

by  the  operation  of  this  ordinance. 

Sec.  1351  (d).     The  City  of  Atlanta  reserves  the  right  to  regulate 
the  location  of  the  street  railway  tracks,  wires,  poles  and  conduits, 

City    may    or-  .;  7  7    i 

der  change  of  and  their  construction,  and  to  require  the  change  of  such  location, 

tracks   on   any  '  ,t^  o 

street.  when  ill  the  judgment  of  the  ^layor  and  General  Council  such  change 

is  required  by  the  public  interest ;  the  expense  of  such  change  to  be 
borne  by  the  railway  company  or  companies ;  provided,  when  a  change 
of  location  is  ordered  to  allow  another  company  to  lay  a  track  on  the 
same  street  the  expense  of  removal  shall  fall  on  the  company  for 
whose  benefit  the  change  is  made. 

Sec.  1351  (e).     The  City  of  Atlanta  reserves  the  right  to  subject 
May  condemn    ^^J  part  of  the  liucs  and  tracks  of  all  street  railway  companies,  not 
tracks°for  use  cxcceding  fivc  blocks  at  any  one  point,  on  such  line  or  lines,  to  use  l)y 
panks.^'  '^^^    other  companies  upon  payment  of  just  compensation,  to  be  judged  of 
and  fixed  by  the  Mayor  and  General  Council,  either  upon  the  basis  of 
a  certain  sum  in  full  for  such  use,  or  of  annual  payments  therefor, 
except  in  so  far  as  this  ordinance  may  conflict  with  prior  and  subsist- 
ing grants  to  any  company  or  companies. 

Sec.  1351  (/).  It  shall  not  be  lawful,  hereafter,  for  power  and 
Conditions  un-  authority  to  be  granted  to  any  person,  firm,  corporation,  or  associa- 
percentage  of    tlon  of  pcrsous  to  coiistruct  and  operate  a  street  railwav  system,  or  line 

gross  receipts  ^     .  n  t    •  .      •  '      i- 

of  street  rail-   or  extcnsiou  of,  or  addition  to  an  existing  system,  or  line  oi  street 

way    companies  .    .  , 

must  he  paid    railway  in  the  City  of  Atlanta,  except  upon  condition  requiring  the 

Atlanta.  payment  to  the  City  of  Atlanta  by  such  person,  firm,  corporation  or 

association  of  persons  of  a  percentage,  to  b,e  fixed  by  the  Mayor  and 

General  Council,  at  not  exceeding  five  percentum  per  annum,  of  the 

gross  receipts  of  the  street  railway  husiiicss  eondiu-ted  In-  such  person. 


Part  III. — Ordinances.  329 


firm,  cor})oration  or  association  of  persons  from  fares  for  carrying- 
passengers,  as  partial  compensation  for  the  use  of  the  st^reets  occupied 
and  used  by  the  tracks,  poles,  wires,  cars  and  appliances  of  such 
street  railways ;  provided,  that  no  such  percentage  from  gross  receipts 
will  be  required  to  be  paid  by  any  company  until  the  expiration  of  tho 
grants  made  to  or  for  the  use  of  the  Atlanta  Consolidated  Street  Rail- 
way Company,  approved  May  20th,  1891,  unless  the  company  obtain- 
ing such  grant,  its  successors  or  assigns  should  consolidate,  unite,  or 
by  any  manner  of  means,  direct  or  indirect,  have  the  same  or  reciprocal 
management,  or  an  understanding  of  any  sort  as  to  the  operation  of 
such  line  in  connection  with  any  other  existing  line,  in  which  event 
said  five  per  cent,  shall  become  at  once  a  charge  on  said  road,  and  the 
existing  road  entering  into  such  combination  or  arrangement  shall 
also  be  liable  to  pay  such  five  per  cent. ;  provided,  a  reciprocal  use  of 
transfer  tickets  by  two  or  more  lines,  if  assented  to  by  the  Mayor  and 
General  Council,  shall  not  subject  the  companies  to  the  payment  of 
tax  on  gross  receipts  before  the  expiration  of  the  grants  of  May  20th, 
1891. 

Sec.  1351  {g).     The  City  of  Atlanta  reserves  the  right  to  require  a  street  railways 
reasonable  contribution,  to  be  judged  of  by  the  Mayor  and  General  ^j^'f^™"^"^" 
Council  from  any  and  all  street  railways  toward  the  cost  of  building,  anTmafnte" 
rebuilding  and  keeping    in    repair    bridges    crossed    by  their  tracks,  {^^^1''^^ 
whether  such  bridge  be  erected  before  or  after  the  occupation  of  the  theiftSs. 
street  in  which  the  bridge  is  situated  by  the  tracks. 

Sec.  1351.  (/;).  iSTo  person,  firm,  corporation,  or  association  here- 
after obtaining  authority  or  consent  to  construct  or  operate  a  line  or  ^'^'''™"'"  ^^^''^ 
system  of  street  railways  in  the  limits  of  the  City  of  Atlanta,  as  now 
or  hereafter  defined,  shall  be  permitted  to  collect  for  fares  for  single 
passengers  from  one  point  of  the  line  or  system  of  such  company  to 
any  other  point  on  the  line  or  system  of  such  company  in  the  city 
limits  as  aforesaid,  more  than  for  one  continuous  trip  from  5  a.  m.  to 
12  p.  m.  five  cents,  nor  more  than  for  one  continuous  trip  from  12  p. 
m.  to  5  a.  m.  ten  cents. 

Sec.  1351  (;).     No  street  railway  companv  shall  ever  be  permitted 

iiip-T.  ,.  „.,,.  .'  ^'ust    not   haul 

to  haul  freights  on  any  portion  of  its  lines  m  the  streets  of  the  City  f-'-i&'it- 
of  Atlanta. 

Sec.  1351   (/,•).     Xo  reservation  of  power  heretofore    made  by  the 
city  in  general  or  special  ordinances,  or  contracts,  with  reference  to  srmpiy'eniar^e 
street  railways  or  other  business,  is  hereby  repealed  or  modified,  ex-  ^^S's  o?^ 
cept  as  the  same  may  be  hereby  enlarged,  nor  is  any  requirement  as  PrcUv7o''c1>n- 
to  the  payment  of  rentals  by  street  railway  companies  for  the  use  of  ways!'"'"'  "'^' 
tracks  across  any  bridge  or  bridges  in  any  way  hereby  impaired.     All  Applies  to 
the  provisions  of  this  ordinance  and  of  amendments  which  may  be  ?airwf;''com- 
made  thereto  shall  apply  to  the  successors  or  assigns  of  street  railwav  "'"''^'- 


330 


Part  III. — Ordinances. 


Expirations  of 
grants  to  ex- 
tend lines. 


companies  equally  Avith  existing  companies  or  those  first  taking  the 
grants. 

Sec.  1351  (/).  All  grants  of  consent  and  authority  to  extend  exist- 
ing lines,  or  enlarge  an  additional  system  of  street  railway,  shall 
expire  with  the  date  of  the  expiration  of  the  first  grant  to  the  com- 
pany owning  or  operating  the  original  line  or  system  so  added  to  or 
enlarged. 

Sec.  1351  (w).  The  style  and  size  of  rails,  to  be  used  by  any  street 
railway  company,  in  laying  new  tracks  or  in  renewing  tracks,  shall  be 
subject  to  approval  by  the  Committee  of  the  General  Council  on  Elec- 
tric and  Other  Railroads,  and  the  city  also  reserves  the  right  to  require 
a  change  of  the  kind  of  rails  used  in  order  to  conform  to  the  pavement 
used,  or  to  be  used  on  the  street  or  portion  of  street,  or  in  order  to 
promote  the  safety  of  travel  along  the  street.' 


Rails   to   be 
laid    to    be   un 
der    the   direc- 
tion  of   Com- 
mittee on 
Electric  and 
Other   Rail- 
roads. 

Aug.    22,   1899. 


CHAPTER  XXXVI. 


RAILROAD  COMPANIES — DUTIES  AS  TO   FLAGMEN — CROSSINGS,   ETC. 


Section. 

1352.  Flagmen— at    what    crossings— and    their 
duties. 

1353.  Officers  of  roads  issuing  unlawful  orders. 

1354.  Flagmen  act  as  policemen. 

1355.  Getting   on  and   oflf   trains— penalty. 

1356.  Employes    of    roads    empowered    as    spe- 
cial policemen — when  and  how. 

1357.  Loitering   around   railroad  tracks. 

1358.  Not   whistle  within   limits   of   city. 

1359.  Must  get  permission  to  lay  tracks  across 
or  along  streets,    alleys,    or   squares. 

1360.  Penalty    for    work    without    permit. 

1361.  Must  not  obstruct  crossings   longer  than 
three  minutes. 

1362.  Powell   street    crossing. 

1363.  Watchman    and    railroad    crossings— pen- 
alty. 

1364.  Discharging  freight  on  railroad  crossing. 


Section. 

1365.  Prohibits     switching    on     certain     cross- 
ings. 

1366.  Only  one  train  to  move  over  crossing  at 
a  time. 

1367.  Not   pass   between    engine    and    flagman. 
1368-1372.  Mitchell   street   crossing. 

1373.  Switching  trains. 

1374.  Peters   street    crossing. 

1375.  To  fix  hours  of  watchman   at   Whitehall 
railroad   crossing. 

1H76.  McDaniel   street   crossing. 

1377.  Not   jump  on   or   off  moving  trains. 

1378.  Railroad   companies  to  build   and   repair 
bridges. 

1379.  Served   by  Engineer   or  assistant. 

1380.  City  may  do  work  at   experse  of  road— 
when. 

1381.  Street   car   track    crossing. 


Flagmen. 


Speed   of 
trains. 


Section  1352.  It  shall  be  the  duty  of  the  railroad  companies 
using  the  tracks  across  Whitehall,  Forsyth,  Castleberry,  Pryor.  L(iyd, 
Simpson,  Thurmond,  Foundry,  Peters  and  Mitchell  streets,  in  the 
City  of  Atlanta,  to  place  and  keep  a  sufficient  number  of  flagmen  at 
said  crossings,  whose  duty  it  shall  be  to  prevent  all  railroad  trains 
passing  said  streets  from  going  at  a  greater  rate  of  speed  than  four 
miles  per  hour;  and  further  to  protect  the  lives  of  persons  passing 
along  the  streets  at  the  points  mentioned.  All  railroad  engineers  or 
firemen  who  drive  or  run  an  engine  or  train  across  said  Whitehall 
street,  or  across  Pryor,  Loyd,  Forsyth,  Peters,  Mitcliell  or  Foundry 


Applications  for  franchise  must  be  advertised.     See  Section  1526. 


Part  III. — Ordinances.  331 


streets  in  said  city,  at  a  greater  rate  of  speed  than  fonr  miles  per 
hour,  shall  be  deemed  guilty  of  a  violation  of  this  ordinance,  and,  upon 
conviction  thereof  before  the  Eecorder  s  Court,  shall  be  punished  by  a 
fine  of  not  less  than  twenty  dollars,  nor  more  than  one  hundred  dol- 
lars, or  imprisonment  not  to  exceed  thirty  days. 

Sec.  1353.  Any  railroad  officer  or  official  who  shall  issue,  or  cause  Railroad  of- 
to  be  issued,  any  order  providing  for  the  passing  of  engines  or  trains  *"^^' 
over  the  streets  mentioned  above  at  a  greater  rate  of  speed  than  four 
miles  per  hour,  shall  be  fined  by  the  Recorder's  Court,  fifty  dollars 
for  issuing  said  order,  and  twenty-five  dollars  for  every  day  that  such 
order  shall  remain  unrevoked.  And  in  default  of  the  payment  of  such 
fine,  the  officer  shall  be  punished  by  imprisonment  in  the  station- 
house  not  to  exceed  thirty  days. 

Sec.  1354.  It  shall  be  the  duty  of  the  flagmen  to  flag  each  passing 
train  as  it  approaches  and  leaves  Whitehall  street ;  and  said  flagmen  Flagmen  to 
shall  be  clothed  with  all  the  powers  of  policemen  for  the  purpose  of  men. 
arresting  any  and  all  persons  violating  the  provisions  of  this  ordi- 
nance. And  it  shall  further  be  in  their  power,  and  their  duty,  to  arrest 
all  persons  endeavoring  to  rush  ahead  of  passing  trains,  in  a  disorderly 
manner,  and  to  prefer  charges  at  the  stationhouse  against  such  per- 
son, who  shall  be  tried  by  the  Recorder's  Court,  and  if  found  guilty, 
may  be  fined  in  a  sum  not  exceeding,  one  hundred  dollars,  or  impris- 
onment not  to  exceed  thirty  days,  in  the  discretion  of  the  court. 

Sec.  1355.  All  persons  connected  with  railroad  trains,  "including  Qetting  on  and 
street  cars  and  dummy  lines,"  are  prohibited  from  getting  on  or  off°*^  *'"^'"'- 
the  engine  or  cars  within  this  city,  unless  for  the  bona  fide  purpose  of 
taking  passage  on  the  same,  and  all  offenders  shall  be  arrested  by  any 
special  or  other  policeman  of  this  city,  and,  on  conviction,  shall  be 
fined  not  exceeding  five  dollars,  or  be  imprisoned  not  exceeding  twenty- 
four  hours,  in  the  discretion  of  the  Recorder's  Court.  Any  person, 
not  a  bona  fide  passenger,  jumping  on  or  swinging  to  or  getting  off  a 
moving  train  in  said  city  shall  be  subject  to  same  punishment.  The 
conductors  of  such  railroad  trains,  and  the  conductors  or  drivers  of 
such  street  railroad  cars  or  dummy  lines,  shall  be  clothed  with  all  the 
powers  of  policemen,  for  the  purpose  of  arresting  any  and  all  persons 
violating  the  provisions  of  this  ordinance,  or  any  part  thereof. 

Sec.  1356.  The  Board  of  Police  Commissioners  is  authorized  to 
appoint  and  empower  as  s^pecial  policemen  a  sufficient  number  of  the  special  poUce- 
employes  of  each  railroad  company,  whose  names  shall  have  been 
furnished  the  board  by  such  company,  to  enforce  the  above  ordinance ; 
and  said  special  policemen  shall,  in  every  instance,  serve  without 
expense  to  the  city ;  such  authority  shall  cease  whenever  such  employe 
ceases  to  be  an  employe  of  the  railroad  presenting  his  name  to  the 
board,  or  whenever  revoked  by  the  board;  provided,  however,  that 
nothing  in  this  ordinance  shall  be  construed  so  as  to  interfere  with 


men. 


332  Part  III. — Ordinances. 


persons  meeting  friends,  or  seeing  them  off  on  the  train  or  cars,  when 
the  same  are  not  in  motion. 

Sec.  1357.  It  shall  be  unlawful  for  persons  under  age  to  play  and 
aroundTaiiroad  loiter  about  and  upon  the  railroad  tracks  and  shops  within  the  city, 
track.  .^j^^  j£  doing  SO,  may  be  ordered  away  by  a  special  policeman,  or  other 

policeman  of  this  city,  and  if  they  refuse  to  leave,  may  be  arrested  by 
said  policeman,  and  shall,  on  conviction,  be  fined  not  exceeding  five 
dollars  and  cost,  or  be  imprisoned  not  exceeding  twenty-four  hours 
for  such  offense,  in  the  discretion  of  the  Kecorder's  Court. 

Sec.  1358.  Any  person  operating  any  locomotive  engine  who  shall 
Whistling         blow  the  whistlc  thereof  within  the  corporate  limits  of  the  city,  shall. 


Jan.    24,    1882. 


Power  of  Coun 
cil. 


porate  Hmits.    on  couviction  iu  the  Eecorder's  Court,  pay  a  fine  of  not  more  than 

Sept.  5,  1881.   one  Iniiulred  dolUirs,  or  be  imprisoned  not  longer  than  thirty    days; 

Nov.  17. 1896.  pro  ri (led,  it  shall  not  be  unlawful  for  engineers  to  blow  the  whistles  of 
their  engines  as  they  approach  Bellwood  Crossing  as  they  are  going  out 
of  the  city.  Any  railroad  company  that  may  desire  to  lay  down  any 
railroad  track,  or  tracks,  along  or  across  any  street,  public  alley  or 

roads  across      sQuare  withiii  the   corporate  limits  of  the  city,  shall,  before  doing  so. 

streets,    alleys      ^  ^  -,    ni  -itj^-j-  . 

or  squares.        present  iu  Writing  to  the  General  Council  an  application  tor  permis- 
sion to  do  so,  which  application  shall  show  the  streets,  alleys  or  squares 
,.     .      ,    which  thev  desire  to  cross,  or  run  uijon,  and  to  what  width  or  length. 

Application   for  "  '■ 

permission.  ^^yid  at  wliat  grade.  If  the  General  Council  sliall  require,  the  En- 
gineer of  the  city  shall  make  an  examination  and  report  what  changes 
the  proposed  work  will  make  to  such  streets,  alleys  or  squares  as  will 
be  affected  thereby,  and  whetlier  the  proposed  plans  are  proper  and 
satisfactory.  Said  body  may  authorize,  modify,  or  reject  and  refuse 
the  application,  as  may,  in  their  judgment,  be  for  the  best  interest  of 
the  public. 

Sec.  1359.  Any  person  or  persons  who  shall  enter  upon  any  street, 
alley  or  square,  within  the  city,  and  do  any  work  thereon,  either  by 
excavating  earth  or  by  laying  cross-ties,  stringers,  rails,  or  otherwise, 
for  tlie  purpose  of  constructing  railroad  track  or  tracks  along,  across, 
or  upon  the  same,  without  first  making  application  to  and  obtaining 
the  consent  of  the  Mayor  and  General  Council,  shall,  upon  conviction, 
be  fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  longer 
than  thirty  days,  either  or  both,  in  the  discretion  of  the  Recorder's 
Court. 

Sec.   1300.     Any  engineer  or  otlier  ])erson  in  charge  of  an  engine, 

with  or  without  cars  attached,  who  shall   rnn  the  same  through  any 

part  of  the  city  at  a  greater  rate  of  speed  than^  six  miles  an  hour,  shall. 

Oct.  16,  1882.   on  conviction,  be  fined  not  more  than  five  hundred  dollars,  or  impris- 

vfo"iation*^'^       oned  not  longer  than  thirty  days,  either  or  both,  in  the  discretion  of 

the  Eecorder's  Court. 

Sec.  1301.  Any  conductor,  engineer  or  oilier  employe  of  any 
railroad   company,   having  tracks  running  across  the  public  streets   of 


Speed    of 
train. 


Part  III. — Ordinances.  333 


tliis  city,  who  shall  obstruct  said  streets  or  prevent  the  passage  of 
vehicles  and  pedestrians  longer  than  three  minutes  at  any  one  time, 
shall  on  conviction  be  fined  not  more  than  one  luindred  dollars,  or  im- 
prisoned not  longer  than  thirty  days,  either  or  both,  in  the  discretion 
of  the  Recorder's  Court,  for  each  offense ;  provided,  however,  that  pas- 
senger trains  shall  be  allowed  to  obstruct  street  crossings  not  exceed- 
ing five  minutes. 

Sec.  1362.     The  Georgia  Railroad  and  the  Richmond  and  Danville  poweii   street 
Railroad  are  hereby  required  to  keep  a  watchman  at  the  crossing  of  "'°*^'"^- 
Powell  street  in  front  of  the  piano  factory. 

Sec.  13()3.  It  shall  be  unlawful  for  any  railroad  company  to  run 
train?  over  any  crossing  of  any  street  and  the  railrojid  tracks  of  such  railroad  cross- 
company  after  being  required  to  station  a  watchman  at  such  crossing 
without  placing  and  keeping  such  watchman  stationed  there.  A  vio- 
lation of  this  ordinance  shall  be  punished  on  conviction  thereof  by  fine 
of  not  more  than  one  hundred  dollars,  or  imprisonment  not  exceeding 
thirty  days,  either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  136-1.     It  shall  not  be  lawful  to  discharge  cars  loaded  with  pj^^.j^^^.  ^^ 
any  character  of  freight  whatever,  by  drays,  at  Whitehall,  Loyd  or  ^J^^^^l^  °ctos^- 
Pryor  street  crossings,  or  in  any  manner  obstruct  said  crossings  or  ^^^s. 
sidewalks.     Shippers  will  be  held  liable  for  all  cars  consigned  to  them  ^^'p*-  ^^'  ^^''''• 
and  placed  on  sidetrack  at  the  south  side  of  the  passenger  depot  for 
their  benefit,  who  will  be  required  to  see  that  their  cars,  loaded  or 
empty,  do  not  obstruct    said    crossings    or    sidewalks.     Any  railroad 
company,  through  its  hostlers,  switchers,  conductors  or  other  employes, 
shippers  or  consignees,  private  or  pul)lic  draymen,  violating  this  sec- 
tion, shall,  on  conviction,  be  fined  not  exceeding  fifty  dollars,  or  im- 
prisoned not  exceeding  thirty  days,  in  the  discretion  of  the  Recorder's 
Court. 

Sec.  1365.     It  shall  be  unlawful  for  any  rainvay  company  or  cor- 
poration, or  the  agents  of  any  railway  company  or  corporation,  to  shift,  iiibited  on  cer- 
switch,  or  make  up  trains  of  cars,  or  run  cars  or  engines  over  White-  within  certain 
hall,  Pryor,  Lovd  or  Mitchell  street  crossings,  between  the  hours  of  '° 

„  ,',^  -,  .,  ^  Julv    7,    1S90. 

6  a.  m.  and  10  p.  m.,  and  any  railway  company  or  corporation,  or  an\ 
of  its  agents,  violating  the  provisions  of  this  ordinance,  shall,  upon 
conviction  before  the  Recorder's  Court,  pay  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars,  for  each  offense : 
provided,  that  nothing  herein  contained  shall  be  construed  to  prevent 
passenger  trains  from  entering  or  departing  from  the  union  depot, 
or  from  transferring  loaded  or  empty  freight  cars  to  connecting  roads, 
n-  to  prevent  the  delivery  of  through  freight  or  of  local  freight  to  con- 
signees having  side  track  privileges,  but  at  no  time  shall  any  car  or 
engine  pass  over  the  above  named  crossings  between  the  hours  of  (>  a. 
ni.  and  10  p.  m.,  without  being  preceded  by  a  flagman. 

Sec.  1366.     That  when  two  or  more  engines  or  cars  are  approach- 


334  Part  III. — Ordinances. 


ing  either  of  the  above  named  crossings  at  the  same  time,  all  but  the 
one  car  nearest  the  crossing  shall  come  to  a  dead  stand,  and  remain 
so  until  the  first  has  completely  cleared  the  crossing,  and  so  on  until 
all  engines  or  cars  have  passed.  This  shall  not  apply  to  regular  pas- 
senger trains  going  into  and  out  of  the  union  depot;  frovided,  that 
only  one  train  shall  be  in  motion  at  the  same  time.  Any  engineer  or 
agent  being  in  charge  violating  the  provisions  of  this  section,  shall, 
upon  conviction  before  the  Eecorder's  Court,  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars,  for  each 
offense,  and  upon  failure  to  pay  said  fine,  shall  serve  not  less  than  ten 
days,  nor  more  than  thirty  days,  on  the  public  works. 

Sec.  1367.  Aiter  the  passage  of  this  ordinance,  it  shall  be  unlaw- 
ful for  any  person  to  pass  or  attempt  to  pass  between  the  flagman  and 
the  engine  or  cars  that  he  is  preceding,  over  any  of  the  above  named 
crossings.  Knj  person  violating  this  section  shall,  upon  conviction 
before  the  Eecorder's  Court,  be  fined  not  less  than  five  dollars,  nor 
more  than  twenty-five  dollars,  nor  serve  not  less  than  five  days,  nor 
more  than  twenty  days,  on  the  public  works. 

Sec.  1368.  The  tracks  of  the  Central  Railroad  and  of  the  East  Ten- 
„•.  ,  „  nessee,  Virginia  and  Georgia  Railroad  at  Mitchell  street  shall  be  di- 

Mitchell    street  ^  o  o 

road  crossings,  vided  iuto  two  crossiugs — the  division  line  being  between  the  tracks  of 
the  outgoing  and  incoming  trains  of  the  Central  Railroad  main  lines. 
On  the  tracks  of  the  east  side  crossing  only  one  engine  and  train  of 
cars  can  be  used  at  a  time,  and  the  street  shall  not  be  blocked  over 
three  minutes.  On  the  west  side  crossing  one  engine  and  train  of  cars 
can  be  used  at  a  time,  and  the  street  shall  not  be  blocked  over  three 
minutes.  When  there  is  an  engine  or  engine  and  cars  on  the  tracks 
of  the  East  Tennessee,  Virginia  and  Georgia  Railroad  on  Mitchell 
street,  then  the  Central  Railroad  shall  keep  the  tracks  on  the  west  side 
of  its  crossing  clear.  When  either  the  outgoing  or  ingoing  track  is 
occupied  by  an  engine  or  an  engine  and  cars,  which  shall  not  be  over 
three  minutes  at  a  time,  then  all  the  other  tracks  of  both  the  east  and 
west  side  crossings  shall  be  kept  clear. 

Sec.  1369.  No  engine  or  train  of  cars  shall  come  over  or  cross 
Mitchell  street  on  said  tracks  without  a  flagman  going  immediately 
ahead  of  the  same  for  the  express  purpose  of  preventing  any  accident 
or  damage  to  person  or  property. 

Sec.  1370.  Nothing  herein  contained  shall  l)e  construed  into  any 
vested  right  to  said  Central  Railroad,  but  this  ordinance  can  be  re- 
pealed at  any  time  in  the  discretion  of  the  Council. 

Sec.  1371.  Any  person  in  charge  of  a  train,  or  any  engineer  violat- 
ing the  provisions  of  this  ordinance,  shall  be  fined  not  exceeding  one 
hundred  ($100)  dollars,  or  sentenced  to  the  city  stockade  not  ex- 
ceeding thirty  days,  in  the  discretion  of  the  Recorder's  Court,  ui)on 
conviction  thereof. 


Part  III. — Ordinances.  335 


.Sec.  13T"3.  The  Central  of  Georgia  Eailway  Company  shall  plac3 
a  stone  post  at  each  end  of  said  dividing  line,  so  as  to  enable  the  police 
otficials  to  detect  any  violation  of  this  ordinance. 

Sec.  1373.  It  shall  not  be  unlawful  for  the  several  railroads  entering  switching 
said  city  to  switch  freight  trains  arriving  in  said  city  after  midnight  *''*'"^' 
on  Saturday  night  up  to  eight  o'clock  on  Sunday  morning;  nor  shall ''^'*''''''  ^*'  ^^'''' 
it  be  unlawful  for  such  railroads  to  switch  freight  cars  containing  live 
stock  or  perishable  freight  at  or  after  the  hour  of  ten  o'clock  Sunday 
night. 

Sec.  1371.     The  ordinance  heretofore  passed  requiring  the  main- 
taining of  two  watchmen  at  each  of  the  railroad  crossings  on  Peters  crossing— num- 
street  and  Whitehall  street  in  West  End  is  so  amended  as  to  require  men. 
said  railroad  companies  hereafter  to  keep  only  one  watchman   at  said  March  it,  isye 
"Whitehall  street  crossing  and  two  watchmen  at  Peters  street  crossing. 

Sec.  1375.     The  ordinance  heretofore  passed  in  reference  to  keep- 

'■       _  .  ^     To  fix  hours  of 

ins:  watchmen  at  crossing  of  railroad  on  Whitehall  street,  at  intersec-  watchman  at 

'^  Whitehall 

tion  of  Peters  street,  is  so  amended  as  to  require  said  watchman  to  railroad  cross- 
remain  at  said  crossing  from  jS'ovember  1st  to  May  1st  from  7  a.  m. ,  ,    „„  ,„„„ 

°  -^  July  23, 1897. 

to  6 :30  p.  m.,  and  from  May  1st  to  November  1st  from  8  a.  m.  to  8 
p.  m.,  on  every  day  except  Sunday. 

Sec.  1376.     The  Central  of  Georgia  Eailway  Company  and  the  At- ^j^^^^  ^^ 

McDaniel 
street   crossing. 

liel  street,  over  the  tracks  of  said 
railways,  from  6  a.  m.  until  G  p.  m. 

Sec.  1377.     It  shall  be  unlawful  for  any  person  to  jump  on  or  off 
a  moving  train  at  Piedmont  Park,  and  any  person  convicted  before  the  iT'movmT  ""^ 
Eecorder's  Court  of  violating  this  section,  shall  be  punished  by  a  fine  ueT^  p'""'''''' 
not  exceeding  one  hundred  dollars,   or  imprisoned   in  the   station-  oct.  it,  isst. 
house  or  stockade  not  exceeding  thirty  days,  or  both  these  penalties, 
in  the  discretion  of  the  court. 

Sec.  1378.     In  all  cases  in  which  a  railroad  company,  or  street 
railroad  company,  is  required  or  liable  by  law  to  build  bridges  in  said  buiid°\nd  "re- 
city,  or  to  keep  bridges  or  crossings  in  said  city  in  repair,  on  or  across  and  crosfhfgs. 
a  street  or  streets  crossed  by  the  tracks  of  a  railroad  company,  or  a 
street  railroad  company,  such  railroad  company  shall,  when  the  build- 
ing of  a  new  bridge,  or  the  repair  of  a  bridge  already  built,  is  cle-^^.^^^^ 
Glared  by  the  Mayor  and  General  Council  of  said  city  to  be  necessary 
or  proper,  be  notified  by  the  Engineer  to  commence  the  building  of 
such  bridge  within  ten  days,  and  prosecute  the  same  in  good  faith  to 
completion.     That  when,  in  the  judgment  of  the  Committee  on  Streets 
and  City  Engineer  of  said  city  any  such  bridge  or  crossings  shall  be 
m  need  of  repair  or  work  to  render  it  safe,  such  railroad  company  or 
street  railroad  company  shall  be  notified  by  said  City  Engineer  to  com-  ^o^mplnj? 
mence  the  repair  thereof  or  work  thereon  within  ten  days,  and  prose- 
cute in  good  faith  such  repair  or  work  to  completion. 


336 


Part  III. — Ordinances. 


If  railroad 
company  re- 
fuses city  to 
do  work  and 
issue  execu- 
tion. 


Sec.  loTJ).  The  notice  provided  for  in  the  preceding  section  shall 
gfneer  o'r^  As-"  ^®  ^^  Writing,  and  scrvcd  by  the  City  Engineer  or  his  assistant,  on 
sistant.  |-]^g  principal  officer  of  any  such  railroad  company,  or  street  railroad 

Sept.  21,  1SS5.  company  in  said  city,  or  by  leaving  the  same  at  the  principal  office  of 
o7t^'[s'^ord^'°'^  •^•^I'^'li  company  in  said  city.  Said  notice  shall  contain  a  general  plan 
tioS'Ssooffhis  '^^^^  character  of  the  bridge  to  be  built  or  repaired,  and  materials  of 
'~^°^^'  same,  or  description  of  work  to  be  done  at  a  crossing,  as  also  a  refer- 

ence to  the  subject  matter  of  the  third  section  of  this  ordinance. 

Sec.  1380.     Should  a  railroad  company  or  street  railroad  company 
so  notified  as  above,  fail  or  refuse  to  commence  in  good  faith  the  build- 
ing or  repairing  of  a  bridge  or  the  repairing  of  a  crossing  within  the 
time  specified  in  said  notice,  and  in  accordance  with  the  foregoing 
provisions,  or  notify  said  city  of  a  refusal  to  comply  with  the  notice 
served,  then,  and  in  that  event,  said  city  will  proceed  and  do  such 
work  of  building  or  repairing  such  bridge  or  crossing  at  the  charge 
and  expense  of  such  railroad  company  or  street  railroad  company,  and 
within  five  days  after  the  completion  of  said  work  by  the  city,  the  City 
Engineer  shall  report  under  oath  in  writing  to  the  City  Clerk  of  said 
city  the  amount  and  value  of  the  services  performed  or  expense  in- 
curred in  said  work,  whereupon    said    city   shall  issue  execution  (as 
other  executions  are  issued  by  said  city)  for  the  amount  of  such  value 
or  expense  and  the  costs  of  the  proceeding  against  such  defaulting 
railroad  company  or  street  railroad  company,  to  which  execution  a 
defense  may  be  made  and  filed,  as  in  other  cases  of  illegalit}',  on  oath 
to  the  31ayor  and  General  Council    of    said  city,  and  heard  by  said 
Mayor  and  General  Council  on  ten  days'  notice  to  such  railroad  com- 
pany or  street  railroad   company   by   said   city;    said  notice  to  be  in 
writing,  signed  by  the  City  Clerk,  and  served  in  the  manner  prescribed 
in  Section  1380  by  the  City  Marshal  or  Messenger. 

Sec.  1381.  All  street  railroad  companies  operating  lines  of  rail- 
way in  the  city  of  Atlanta  be,  and  they  are,  hereby  required  to  close  all 
openings  in  the  street  beside  their  tracks  with  asphalt,  so  as  to  make 
such  street  level  and  safe  for  the  passage  of  vehicles  alons:  or  across 
such  tAcks.  A  violation  of  this  ordinance  or  a  neglect  to  so  close 
these  openings  within  ninety  (90)  days  from  the  passage  of  this  ordi- 
nance, as  to  tracks  already  laid,  or  within  twenty  (20)  days  after  the 
laying  any  new  tracks,  shall  subject  the  offenders,  on  conviction,  to  a 
fine  not  exceeding  one  hundred  dollars,  in  the  discretion  of  the  Re- 
corder's Court. 


street   car 

track 

crossings. 

Apr.    21,    1892. 


Penalty 


i 


Part  III. — Ordinances. 


337 


(MlAl'TER  XXX VII. 


CITY    WKHillEUS,    WEIGHTS   AND   :\1EASURES. 


Section. 

13S2.   Standard   weights. 

1383.  Penalty. 

1384.  WoodyaidiS. 

1385.  Public   weighers. 
1386-1387.  Salaries  of  Public 

1388.  How   appointed. 

1389.  Duty   of. 
13!XJ.  Books   of. 

1391.  Service    of. 

1392.  Books— how  furnished. 

1393.  Fees— who   pays. 


Section. 

1394.  Coal    dealers. 

1395.  Wagoners. 

1396.  Weighing — amount   per  ton. 

1397.  Changing   certificate. 

1398.  Certificate. 

1399.  Driver  must  have  certificate. 

1400.  Selling  part   for  all. 

1401.  Interfering  with    Public   Weigher. 

1402.  Weighers— when    appointed. 

1403.  Weighers'    certificates. 


Section  1383.  The  ]\Iarshal  shall  procure  from  the  Ordinary  a 
set  of  standard  weights  and  measures,  and  shall  examine  each  and 
every  scale,  and  other  instrnment  for  weighing  and  measuring  in  this  Weights, 
city,  and  all  weights  and  measures  shall  conform  to  said  standard, 
and  for  each  examination  and  arrangement  of  such  scales,  weighing 
machine  or  measures,  he  shall  receive  the  sum  of  ten  cents,  and  shall 
stamp  the  instrument  with  the  letter  A. 

Sec.  1383.     If  at  any  time  after  the  arrangement  of  such  measures  „     ,^ 

•^  °  Penalty. 

or  weighing  machine  the  Marshal  shall  find  it  not  in  conformity  to  said 
standard,  he  sliall  report  the  person  using  such  false  measure  or  weigh- 
ing machine,  and  such  offender  shall,  on  conviction,  pay  a  fine  of  not 
exceeding  one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec  1384.     All  dealers  in  wood  at  wood  yards  in  this  city,  after 
thirty  days  from  this  date,  are  required  to  put  up  racks  for  one-eighth,  ^'^°°^  ^'^'''^^' 
one-quarter,  one-half,  and  one  cord,  and  that  all  wood  sold  from  such^'*'^'^' 
yards  be  measured  in  such  racks ;  and  upon  failure  to  comply  with  the 
requirements  of  this  ordinance  by  any  such  dealer,  shall,  upon  convic-  penalty, 
tion,  be  fined  in  a  sum    not    exceeding    twenty-five    dollars  for  each 
offense,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1385.     A  system   of  public  weighing  is   hereby  established,  puWic  weigher, 
and  the  scales  put  in  service  by  this  ordinance  shall  be  the  standard  for 
the  City  of  Atlanta. 

Sec.  1386.  Two  City  Weighers  shall  be  employed.  One  for  the 
north  side  of  Atlanta,  for  the  scales  at  the  Artesian  Well,  and  one  for 
the  south  side  of  Atlanta,  for  the  scales  at  the  County  Courthouse. 
The  salaries  for  the  same  not  to  exceed  sixty  ($60.00)  dollars  per 
month  each. 

Sec.  1387.     The  salaries  of   the   two   Pul.)lic  Weighers  next    to   be  fixing  salaries 

^  Public   Weigh- 

appointed,  is  hereby  fixed  at  six  hundred  dollars,  each  per  annum,  ^''^  n.^^t  to  be 
payable  in  monthly  installments.  ■'•i"-  5,  isgs. 


Sec.  1388. 

(22) 


Tlie  Pul)lic  Weighers  shall   be  appointed  annually  bv 


338 


Part  III. — Ordinances. 


How  appointed. 


the  Maj-or,  subject  to  confirmation  by  two-thirds  of  the  General  Coun- 
cil, and  shall  give  a  bond,  with  good  security,  in  the  sum  of  five  hun- 
dred ($500.00)  dollars,  for  the  faithful  performance  of  their  duties 
as  City  Weighers,  and  shall  be  subject  to  removal  at  any  time  for 
cause. 

Sec.  1389.  It  shall  be  the  duty  of  the  City  Weighers  to  weigh  all 
coal,  hay,  straw,  grain,  or  any  merchandise,  or  anything  that  may  be 
brought  to  them  to  be  weighed,  and  shall  not  charge  exceeding  ten 
cents  per  ton,  or  fraction  thereof,  for  net  weight;  provided,  that  all 
coke  and  coal  shall  be  weighed  free  of  charge.  It  shall  also  be  th^^ 
duty  of  the  City  Weighers  to  inspect  all  scales  in  the  different  coal 
yards  in  their  respective  territories,  or  all  wagon  scales,  at  least  once 
in  each  six  months,  and  oftener  if  necessary,  and  for  which  service  thev 
shall  charge  a  fee  of  fifty  cents.  The  City  Weighers  shall  be  supplied 
with  blank  certificates,  and  shall  furnish  a  duly  attested  certificate  for 
each  pair  of  scales  inspected  by  him,  and  said  certificate  shall  be 
posted  in  a  conspicuous  place  near  the  scales  inspected,  and  it  shall  be 
unlawful  for  any  dealer  to  weigh  with  such  scales  without  a  duly  at- 
tested certificate  within  date. 

Sec.  1390.  The  City  Weighers  shall,  under  the  direction  of  the 
Mayor,  keep  regular  books,  showing  the  work  done  in  their  depart- 
ments for  which  fees  have  been  earned.  Said  books  shall  be  furnished 
by  and  shall  be  the  property  of  the  city. 

Sec.  1391.  It  shall  be  the  dtity  of  each  City  Weigher  appointed 
under  this  ordinance  to  attend  at  the  public  scales  for  which  he  is  ap- 
pointed from  sunrise  to  sunset  of  every  day  (Sunday  excepted),  and 
to  weigh  every  load  of  coal  or  merchandise,  or  whatever  article  or  thing 
which  may  be  presented  to  be  weighed,  and  to  give  to  the  person  pre- 
senting the  same  a  certificate  of  gross,  tare  and  net  weight  thereof ;  to 
enter  in  suitable  books,  in  tabular  form,  every  load  of  coal  or  other 
thing  weighed,  designating  the  kind  and  weight  thereof,  and  for  whom 
weighed;  to  receive  and  receipt  to  the  Comptroller  for  all  blank  cer- 
tificates which  he  may  use  or  obtain ;  to  settle  with  the  Comptroller  on 
the  last  Saturday  in  each  month  for  all  blank  certificates,  and  pay 
to  the  City  Tax  Collector  on  Saturday  of  each  week  all  moneys  received 
by  him  as  weigher,  or  for  inspecting  scales,  taking  duplicate  receipts 
therefor,  one  of  which  shall  be  filed  with  the  Comptroller ;  and  to  per- 
form such  other  duties  as  may  be  required  of  him  by  ordinance. 

Sec.  1392.  The  Comptroller  shall  furnish  the  weighers  at  scales 
belonging  to  the  city  with  all  blanks,  books  and  stationery  necessary 
to  carry  on  a  system  of  public  scales 

Sec.  1393.  All  fees  allowed  to  be  charged  by  this  ordinance  shall 
be  paid  by  the  person  requesting  such  weighing  to  be  done,  unless 
otherwise  specially  provided  for  by  law  or  by  the  owner  of  the  article 


Books,    how 
furnished. 


Fees,  who  pays. 


weighed. 


J' 


Part  III. — Ordinances.  339 


Sec.  1394.  All  coal  dealers  in  the  City  of  iVtlanta  shall  have  thoii^^^^j  dealers, 
wagons  weighed  by  one  of  the  City  Weighers  at  least  once  a  week,  and 
procure  a  certificate  therefor — which  shall  be  done  without  charge  or 
fee.  They  shall  weigh  their  wagons  every  day,  and  in  wet  and  muddy 
weather  shall  weigh  the  wagon  every  load,  and  give  the  weight  of  the 
wagon  and  the  net  amount  of  coal  on  regular  blanks  made  to  contain 
the  name  of  the  dealer,  the  weight  of  the  wagon,  the  net  weight  of  coal, 
and  the  name  of  the  driver  of  the  team ;  and  for  a  violation  of  this  sec- 
tion, upon  conviction  before  the  Recorder,  shall  pay  a  fine  of  not  less 
than  ten  dollars,  or  serve  not  less  than  ten  days  upon  the  public  works, 
either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1395.     It  shall  be  the  duty  of  all  owners  of  wagons  or   other 

Wa,sroners. 

vehicles  that  may  be  employed  in  hauling  coal  in  the  City  of  Atlanta 
to  have  their  wagons  or  other  vehicles  weighed  at  least  once  every 
week,  and  no  Public  Weigher  shall  issue  his  certificate  for  any  wagon 
or  other  vehicle  when  the  date  of  its  being  weighed  is  longer  preceding 
than  one  week,  and  it  is  hereby  made  the  duty  of  the  Public  Weigher 
to  furnish  a  certificate  of  each  wagon  or  vehicle  weighed  by  him  once 
a  week  free  of  charge.  And  it  shall  be  unlawful  for  any  dealer  in  coal 
to  deliver  coal  in  any  wagon  or  vehicle  that  has  not  a  Public  Weigher's 
certificate  within  date.  It  shall  also  be  the  duty  of  any  owner  of  any 
wagon  or  other  vehicle  to  have  the  same  reweighed  immediately  after 
said  wagon  or  other  vehicle  has  been  repaired;  and  if  any  owner  or 
driver  of  any  wagon  or  other  vehicle  shall  alter  or  change  any  part  of 
said  wagon  or  other  vehicle  after  the  same  shall  have  been  weighed, 
the  said  wagon  or  other  vehicle  shall  be  immediately  reweighed  before 
using,  and  for  a  violation  of  any  part  of  this  section  shall,  upon  con- 
viction before  the  Recorder's  Court,  pay  a  fine  of  not  less  than  ten 
dollars,  or  serve  not  less  than  ten  days  upon  the  public  works. 

Sec.  1396.  Every  person,  firm  or  corporation  purchasing  a  ton  of 
eoal  shall  be  entitled  to  receive  two  thousand  pounds,  and  a  propor-  I^ount^er 
tionate  amount  for  any  portion  of  a  ton  purchased ;  and  every  person,  for''fafse^  ^ 
firm  or  corporation  shall  deliver  two  thousand  pounds  of  coal  for  each  cate^^'*  '^'^'^'^ 
ton  purchased  from  such  person,  firm  or  corporation,  and  a  propor- 
tionate amount  for  any  part  of  a  ton  so  purchased;  and  every  City 
AVeigher  appointed  under  the  provisions  of  this  ordinance,  who  shall 
be  guilty  of  giving  a  false  certificate  as  to  the  number  of  pounds  of 
coal  weighed  by  him,  as  required  by  this  ordinance,  and  every  person, 
firm  or  corporation  who  shall  neglect  or  refuse  to  comply  with  any 
provision  of  this  ordinance,  or  who  shall  deliver  to  any  purchaser  a 
less  quantity  than  two  thousand  pounds  of  coal  for  every  ton  pur- 
chased, and  a  proportionate  amount  for  any  fraction  of  a  ton,  shall, 
upon  conviction  before  the  Recorders  Court,  pay  a  fine  of  not  less 
than  twenty-five  dollars,  or  serve  not  less  than  twenty-five  days  upon 
the  public  works,  either  or  both,  at  the  discretion  of  the  court. 


340 


Part  IIJ  — Ordiis^ances. 


Changing    cer- 
tificate. 


Sec.  ISDT.  Any  person  changing  the  amount  on  a  certificate  given 
by  a  City  Weigher,  or  any  marks  or  brands  upon  scales,  shall,  upon 
conviction  before  the  Eecorder's  Court,  pay  a  fine  of  twenty-five  dol- 
lars, or  serve  twenty-five  days  upon  the  public  works. 

Sec.  1398.  Each  and  every  person,  firm  or  corporation  engaged  in 
the  business  of  selling  coal  in  the  City  of  Atlanta,  to  be  delivered 
within  said  city,  shall  cause  to  be  delivered  to  the  purchaser  at  the  time 
of  delivery  of  the  coal  purchased  a  certificate  duly  signed  by  a  City 
Weigher,  appointed  under  the  provisions  of  this  ordinance,  showing 
plainly  the  weight  of  the  coal  so  delivered;  or  the  seller  of  said  coal 
shall,  at  the  time  and  place  of  the  sale  or  delivery  thereof,  weigh  or 
cause  to  be  weighed  the  coal  so  sold  or  delivered,  which  weighing  shall 
l)e  done  in  the  presence  of  the  purchaser,  or  his  or  her,  or  their  agent, 
if  he,  she  or  they  shall  desire  or  see  fit  to  be  present.  Any  dealer  in 
coal,  or  his  agent,  refusing  to  allow  the  buyer,  or  their  agent,  to  see 
their  coal  weighed  at  the  place  where  purchased,  and  who  shall  also  re- 
fuse to  send  the  same  to  the  city  scales,  on  account  of  location,  without 
extra  charge  as  to  hauling  or  price  of  coal,  shall,  upon  conviction  be- 
fore the  Eecorder's  Court,  pay  a  fine  of  twenty-five  dollars,  or  serve 
twenty-five  days  upon  the  public  works  of  said  city ;  provided,  a  second 
conviction  for  either  of  the  offenses  shall  work  a  forfeiture  of  license 
to  do  business  in  said  city. 

Sec.  1399.  It  shall  be  the  duty  of  any  police  otfieer  of  the  City  of 
Atlanta,  and  the  right  of  the  purchaser,  to  demand  of  the  driver  of  any 
such  wagon  or  other  vehicle  to  produce  his  certificate  of  weighing, 
and,  if  he  deems  it  necessary,  to  order  him  to  drive  his  wagon  or  other 
vehicle,  with  its  contents,  to  either  one  of  the  city  scales  and  have  the 


Driver  must 
have  certifi- 
cate. 


police. 


same  weighed  thereon;  but  no  weigher  shall  charge  for  the  weighing 
of  the  wagon  or  other  vehicle,  and  if  the  gross  or  net  weight  be  found 
less  by  forty  or  more  pounds,  or  tare  by  ten  or  more  pounds  than  the 
weigher's  certificate  in  the  hands  of  the  driver  calls  for,  to  arrest  or 
have  arrested,  as  the  case  may  be,  such  driver,  and  also  seize  his  wagon 
or  other  vehicle  and  the  load  therein,  and  enter  a  written  complaint 
against  him  forthwith  before  the  Eecorder's  Court  for  a  violation  of 
this  section,  and,  upon  conviction,  shall  be  fined  in  the  sum  of  not 
more  than  one  hundred  dollars  and  costs,  and  if  the  same  is  not  paid 
forthwith,  the  said  wagon  or  other  vehicle,  with  the  contents,  shall 
be  sold  by  the  Marshal  in  three  days  after  sentence  is  passed  by  the 
Eecorder's  Court,  and  the  fine,  when  collected,  shall  be  paid,  one-half 
to  the  complainant  and  the  other  to  the  city ;  provided,  that  one  of  the 
City  Weighers  shall  forthwith,  upon  such  arrest,  inspect  and  test  the 
scales  whereat  the  certificate  was  granted,  and  also  those  whereat  the 
second  weighing  was  done,  and  they  both  are  by  him  found  accurate. 
And  any  driver  of  any  wagon  or  other  vehicle  who  shall  refuse  to  pro- 
duce his  certificate,  or  upon  the  demand  of  any  police  officer  or  the 


Part  III. — Ordinances. 


341 


purchaser  to  drive  his  wagon  or  other  vehicle,  with  its  contents,  to  one 
of  the  city  scales  for  the  purpose  of  being  reweighed,  as  aforesaid, 
shall,  upon  conviction,  before  the  Recorder's  Court,  pay  a  fine  of  not 
less  than  ten  dollars,  or  serve  not  less  than  ten  days  upon  the  ])ublic 
works,  either  or  both,  at  the  discretion  of  the  court. 

Sec.  1400.     Any  person  who  shall  have  had  any  article  weighed  and  seiiins  pait 
received  a  certificate  of  the  weight  thereof,  who  shall  sell  or  dispose*'"'  ''"■ 
of  a  part  thereof,  and  afterwards  sell,  or  offer  to  sell,  or  to  deliver  to  P"^'"''^*^-^'- 
the  purchaser  thereof  the  remainder  as  for  the  quantity  called  for  in 
his  certificate,  or  shall  change,  alter  or  in  any  manner  falsify  the  cer 
tificate  of  the  weigher,  or  shall  perpetrate  any  fraud  on  the  weigher  or 
purchaser,  or  shall  knowingly  suffer  any  of  these  things  to  be  done, 
shall,  upon  conviction  before  the  Recorder's  Court,  pay  a  fine  of   not 
less  than  fifty  dollars,  or  work  upon  the  public  works  for  not  less  than 
thirty  days,  either  or  both,  at  the  discretion  of  the  court. 

Sec.  1401.  Any  person  who  interferes  with  the  public  scales  or  the 
City  Weighers  while  in  the  discharge  of  their  duty,  by  demanding  or  with  Pubtic 
exacting  more  weight  of  and  for  the  article  weighed  than  what  he  de-  Penalty, 
clares  it  to  be,  or  by  threatening  or  menacing  him,  or  by  using  harsh 
or  abusive  language  to  him  wdiile  in  the  discharge  of  his  duty  as  a 
public  officer,  or  who  shall  interfere  with  any  person  or  persons  who 
are  about  to  have  w^eighing  done,  by  menacing  or  otherwise  abusing 
them  therefor,  or  by  using  unseemly,  profane  or  offensive  language 
toward  them,  shall,  upon  conviction  before  the  Recorders  Court,  pay 
a  fine  of  not  less  than  ten  dollars,  or  serve  not  less  than  ten  days  upon 
the  public  works. 

Sec.  1402.     That  it  shall  be  the  duty  of  the  Mayor  of  the  City  of 
Atlanta  to  appoint  the  Public  Weighers  on  the  first  Monday  in  March,  when 'fp^oint- 
of  each  year,  subject  to  the  provisions  of  the  third  section  of  this  ordi-  ^^' 
nance  now  in  force. 

Sec.  1403.     The  Public  Weighers  of  the  City  of  Atlanta  shall  be 
required  to  sign  certificates  of  weight  in  person,  and  said  certificates  tmcates.^" 
shall  be  made  out  in  ink. 


CHAPTER  XXXVIII. 


treasurer. 


Section. 

1404.  Oath    and    bond. 

1405.  Duties. 

1406.  Excess   of  $5,000— how    deposited. 


Section. 

1407.  Must    Iveep    accounts    of    deposits. 
140S-1409.  Warrants— how     drawn     hy      May( 
and    Comptroller. 


Section  1404.    The  Treasurer,  before  he  enters  on  the  duties  of  hisoath 
office,  shall  take  and  subscribe  the  usual  oath,  and  shall    give    bond, 
with  two  or  more  good  and  sufficient  securities,  in  such  sum  as  the  Mav- 


and   bond 
of   Treasurer. 


342 


Part  III. — Ordinances. 


Salary.  °^"  '^'^^  General  Council  may  fix,  but  not  less  than  the  minimum  sum 

named  in  the  charter,  and  receive  for  his  services  such  compensation 
per  annum  as  shall  be  fixed  by  the  Mayor  and  General  Council  before 
his  election,  which  shall  not  be  changed  during  his  term,  and  shall  do 
all  such  services  in  his  department  as  may  be  pointed  out  in  the  ordi- 
nances of  said  city. 

Sec.  1405.     The  Treasurer  shall   keep    a   fair  book  of  entry  of  all 
Duties.  sums  of  money  he  may  receive   and  pay  out,  and  shall  furnish  the 

Mayor  and  General  Council  with  a  detailed  report  of  all  receipts  and 
expenditures,  and  the  different  orders  upon  which  money  has  been  paid 
out  by  him,  and  all  the  different  sources  through  which  he  has  received 
money ;  this  report  he  shall  submit  to  the  General  Council  every  three 
months,  and  his  books  shall  at  all  times  be  subject  to  the  inspection 
of  the  Committee  on  Finance.  He  shall  pay  out  no  money  but  upon 
orders  properly  passed  up,  and  drawn  up  and  signed  by  the  Comp- 
troller, and  countersigned  by  the  Mayor,  or  in  his  absence,  or  disability 
to  act,  the  Mayor  pro  tern.  And  he  shall  make  daily  reports  to  the 
Comptroller  of  all  moneys  paid  to  him  and  disbursed  by  him,  and 
from  whom  received  and  to  whom  paid  and  on  what  account  received 
or  paid. 

Sec.  1406.     The  moneys  in  the  hands  of  the  City  Treasurer,  belong- 
Funds  in  ex-     ^^S  ^0  tlic  City  of  Atlanta,  in  excess  of  $5,000.00  shall  be  deposited  in 
iThandf 'T    *^^®  Fourth  National  Bank  and  the  Lowry  Banking  Company,  one-half 
drosite^d'  '^ ""  ^^^  ^^^^  ^^  ^^^^  banks,  for  and  during  the  year  1899 ;  provided,  each  of 
said  banks  shall  first  execute  a  contract  with  the  city  for  the  payment 
of  interest  as  proposed  by  them,  and  that  each  of  said  banks  shall, 
before  said  money  is  deposited  with  them,  give  bond  with  good  secur- 
ity, to  be  judged  of  by  the  Mayor,  for  the  faithful  accounting  to  said 
City  of  Atlanta  for  all  moneys  so  deposited  with  each  of  them. 

Sec.  1407.  It  shall  be  the  duty  of  the  Treasurer  of  the  City  of  At- 
lanta to  deposit  with  said  banks,  each  day,  all  money  in  his  hands  in 
excess  of  $5,000.00  belonging  to  the  City  of  Atlanta,  and  keep  his 
accounts  of  the  same  in  regular  deposit  books,  depositing  one-half  with 
each  of  said  banks. 

Sec.  1408.  It  shall  be  the  duty  of  the  Mayor  and  Comptroller  to 
issue  warrants  upon  said  banks,  payable  to  the  Treasurer,  to  pay  the 
debts  or  current  expenses  of  the  city  as  the  same  may  be  necessary,  or 
withdraw  the  whole  of  said  deposit  from  either  or  both  of  said  banks 
whenever  the  Mayor  and  General  Council  shall  give  directions. 

Sec.  1409.  Said  withdrawals  to  pay  debts  or  current  expenses 
shall  be  drawn  in  substantially  equal  amounts  from  each  of  said  banks. 


Treasurer    to 
keep    accounts 
of  deposits. 


Warrants, 
drawn. 


Part  III. — Ordinances. 


343 


CHAPTER  XXXIX. 


TAX  COLLECTOR^  ASSESSORS  AND  RECEIVERS. 


Section. 

1410.  Tax    Collector— election. 

1411.  Bond. 

1412.  Office. 

1413.  Return    to    Comptroller. 

1414.  Assessors  and  Receivers. 
141.5.  Election. 

1416.  Whole   time   given   to   city. 

1417.  bond   and    oath. 

1418.  Failure   to    return. 

1419.  Names   of   delinquents. 

1420.  Shall  not  enter  private   residence. 

1421.  P'alse   returns. 

1422.  Shall    hear  proof. 

1423.  Tax   digest. 

1424.  Books. 

1425.  Oath  of   Tax   Receivers  and   Assessors. 

1426.  Oath   of   personal   property   taxpayers. 

1427.  Collector   and   Receiver   separate. 

1428.  Rate,  $1.25  per  $100.00. 

1429.  Real     estate    assessed     at    cash     market 
value. 


Section.      * 

1430.  Books   open   February     1st     and     close 
March  15th,   each  year. 

1431.  Penalty  for  not  making  tax   returns. 

1432.  Taxes  payable  in  installments. 

1433.  Discounts   for     prepayment 

1434.  Sanitary    tax. 

1435.  Streei,  tax. 

1436.  Executions— how   issued. 

1437.  Oath  of  giver  in. 

1438.  False   returns. 

1439.  Tax    ordinance. 

1440.  Power  of  Recorder's  Court. 

1441.  Mayor   to   see    that   ordinances   are     en- 
forced. 

1442.  Double   tax— when. 

1443.  Defaulters. 

1444.  Assessors'   books. 

1445.  Owners  to   report  sales  of  real  estate. 
1446-1447.  Assessors  must  look  after  collection 

of  railroad  taxes. 


Section  1-tlO.  The  office  of  Tax  Collector  >hall  be  a  separate  and 
distinct  office,  and  he  shall  be  elected  b}'  the  people  at  the  same  time 
the  other  city  officers  are  elected,  and  his  duties  shall  be  defined  by 
resolution  or  ordinance — together  with  the  compensation  to  be  allowed 
him,  and  the  bond  and  security  to  be  given — before  his  election  each 
and  every  term. 

Sec.  Ml].     Before  the  Tax  Collector  of  the  City  of  Atlanta  enters ^^^^ 
on  the  duties  of  his  office,  he  shall  give  bond,  with  good  and  sufficient 
security,  in  such  sum  as  the  Mayor  and  General  Council  shall,  by  res- 
olution, determine,  for  the  faithful  performance  of  the  duties  of  his 
office,  and  take  the  oath  prescribed  for  other  officers. 

Sec  1412.     The  said  Tax  Collector  sh&ll  have  his  office  at  the  City^^^^ 
Hall,  in  the  room  now  known  as  the  City  Clerk's  office. 

Sec  1413.     The  said  Collector  of  Taxes  shall  make  a  return  to  the 
Comptroller,   who   shall   enter   the   same  on  his  books,  and  pay    ov( 
to   the    City    Treasurer   at   least    once    a    day  all  moneys    belonging 
to  the  City  of  Atlanta,  and  shall  do  and  perform  all  such  duties  as  arc 
now  or  may  hereafter  be  designated  by  the  Mayor  and  General  Council. 

Sec.  1414.  The  Mayor  and  General  Council  of  said  city  shall  elect 
three  Tax  Assessors  and  Receivers,  whose  duty  it  shall  be  to  assess  the  RecX°ere.  ^""^ 
real  estate  in  said  city  for  taxation,  and  to  receive  returns  of  property, 
both  real  and  personal,  and  in  cases  of  failure  to  return  personal  prop- 
erty for  taxation,  or  failure  to  make  a  true  return,  or  attempted  fraud 
in  returning  the  same,  to  assess  the  value  of  personal  property  for 
taxation. 


Comptrolle 


344  Part  III.— Ordinances. 


Sec.  1415.     One  of  said  Tax  Assessors  and  Receivers  shall  be  elected 
Election.  to  liold  his  officc  Until  July,  1882,  and  one  until  July,  1883.     Their 

successors  shall  be  elected  and  hold  their  offices  for  two  years,  and  until 
their  successors  are  elected  and  qualified.  They  shall  have  such  com- 
pensation as  the  Mayor  and  General  Council  shall  prescribe  before 
their  election,  which  shall  not  be  changed  during  their  term.  They 
shall  take  such  oath  and  give  such  bond  as  may  be  required  l)y  said 
Mayor  and  General  Council. 

Sec.  1416.     The  Assessors  and  Receivers  and  the  Tax  Collector  of 
Whole  time      Said  city  shall  give  their  whole  time  to  the  service  of  the  city  during 
given    o  ci\.   g^^^j^  business  hours  as  the  Mayor  and  General  Council  may  prescibe 
during  their  terms. 

Sec.   1417.     The  Tax  Receivers  and  Tax  Collector  of  said  city  shall 

Bond  and  oath,  discharge  the  duties  above  specified,  in  addition  to  those  now  required 

by  law,  and  shall  give  sufficient  ]:)ond  with  sureties,  to  lie  approved  by 

the  Mayor  and  General  Council,   and   shall  take  >uch  oath  before  the 

Mayor  as  the  Mayor  and  General  Council  may  prescribe. 

Sec.  1418.     If  any  person  fails,  neglects  or  refuses  to  make  a  return 
of  his  or  her  personal  property,  subiect  to  taxation  under  the  charter 

Failure    to    re-  .  ^  r      r        J  5  J 

turn.  and  ordinances  of  the  Tax  Assessors  and  Receivers,  or  to  truly  answer 

such  questions  as  may  be  asked,  or  to  submit  his  personal  property  for 
the  inspection  and  valuation  of  the  Tax  Assessors  and  Receivers  as 
provided,  then  it  shall  be  the  duty  of  the  Tax  Assessors  and  Receivers, 
jointly,  from  the  best  information  they  can  get  in  reference  to  the 
amount  and  value  of  the  personal  property  owned  and  possessed  by 
such  person,  to  arrive  at  the  true  value  of  the  same  and  place  it  upon 
their  books. 

Sec.  1419.     They  shall  also  enter  upon  their  books  the  name  of  any 

>rame  of  deiiu-  psrsou,  firm,  joint-stock  company,  or  corporation,  who  shall  either 

quents.  f^^^  qj,  rcfusc  to  givcin  their  property,  and  of  all  they  are  unable  to 

find,  and  whom  they  may  believe  to  be  subject  to  tax  on  personal  prop- 
erty, and  of  all  persons  subject  ♦to  street  tax. 

Sec.  1420.     In  the  discharge  of  the  duties  above  specified,  the  Tax 

Shall  not  entt-r  Asscssors  and  Rcccivcrs  shall  not  enter  the  private  residence  of    any 

delTc^e^.*^  ''^^^'      person  against  the  consent  of  the  occupants. 

Sec.  1421.     In  case  of  false,  fraudulent,  or  unfair  returns,  the  Tax 
Assessors  and  Receivers  shall  cite  the  person  making  the  same  to  ap- 

Faise  returns,   pcar  bcfore  them  on  some  day  to  be  fixed  by  them,  and  show  cause 
why  the  return  should  not  be  corrected. 

Sec.  1422.     Upon  any  such  person  so  cited  appearing  before  them, 
they  may,  and  shall  if  requested,  hear  evidence  as  to  the  real  value  of 

proof.  '  the  property  in  dispute,  and  determine  the  same.     If  such  person  so 

cited  refuses  or  neglects  to  appear,  his  return  shall  be  corrected  by  tlio 
Tax  Assessors  and  Receivers,  according  to  tbe  best  information  tliey 
can  get. 


Part  III. — Ordinances.  345 


Sec.  141^3.     After  all  the  returns  arc  in  and  corrected    (where   c-or-^^^^  ^j 
rection^^  arc  necessary),  the  Tax  Assessors  and  Receivers  shall    enter 
the  same  iipon  tlio  nsital  Tax  Dig-cst  of  the  city,  in  the  proper  cohimn 
of  said  book. 

Sec.  1424.     It  shall  be  the  duty  of  the  Tax  Assessors  and  lieceivers  Books, 
to    have    prepared    suitable  books  for  the  purpose  of  receiving  re- 
turns as  provided  in  the  foregoing  sections. 

Sec.  1425.  The  Tax  Assessors  and  Eeceivers  of  the  CMty  of  At- 
lanta shall  take  and  subscribe  before  the  Mayor  the  following  oath  or  Receivers '"and 
affirmation:  "You  do  solemnly  swear  (or  affirm)  that  you  will  well 
and  truly  discharge  the  duties  of  Tax  Assessors  and  Receivers  of  the 
City  of  Atlanta,  and  that  you  will  endeavor,  to  the  best  of  your  knowl- 
edge and  ability,  to  obtain  a  just,  full  and  complete  return  of  all  per- 
sonal property  subject  to  taxation  by  the  charter  and  ordinances  of  the 
City  of  Atlanta,  and  also  a  full  and  complete  return  of  all  persons 
subject  to  street  duty  in  said  city.  And  you  do  further  swear  (or 
aflfirm)  that  you  will  truly  and  correctly  administer  tlie  oath  prescribed 
by  the  city  ordinance  to  each  and  every  person  making  return  for  tax- 
nation,  >o  help  you  God." 

Sec.   1426.     The  following  oath  (or  affirmation)   shall  be  admin- 

'='  ^  '  f»ath  of  ptTSon- 

istered  to  each  and  every  person  making  returns  for  taxation  to  theai  property 

"     ^  '^  taxpayers. 

Tax  Assessors  and  Receivers.  "You  do  solemnly  swear  (or  affirm)  ^^ 
that  the  return  which  you  are  about  to  make  shall  be  a  just  and  true  j,^^  g^^  ^^.j. 
statement  of  all  personal  property  of  every  kind  which  you  h^ld  or 
owned  on  the  31st  day  of  January  (inserting  here  the  year),  or  were 
interested  in,  either  in  your  right  or  the  right  of  any  person  or  persons 
Avhomsoever,  either  as  parent,  guardian,  executor,  administrator,  agent 
or  trustee,  or  in  any  other  manner  whatsoever,  to  the  best  of  vour 
knowledge,  information  and  belief.  You  do  further  sAvear  that  you 
will  correctly  answer  all  questions  asked  you  by  the  Tax  iVssessors  and 
Receivers  in  reference  to  said  return,  and  that  you  have  not  conveyed 
or  assigned  to  others,  or  removed  out  of  the  city,  any  property  to  avoid 
returning  the  same  for  taxation. "" 

Sec.  1427.     The  Tax  Collector  and  the  Tax  Assessors  and  Receivers 
shall  be  separate  and  distinct  officers,  and    shall  each  perform  such  Received  sept 
duties  as  are  prescribed  for  their  conduct  and  observance,  and  shall  be  '^^^' 
known  as  Tax  Collector  and  Tax  Assessors  and  Receivers,  respectively. 

Sec.  1428.  x\s  provided  by  an  amendment  to  the  charter  of  the 
City  of  Atlanta,  made  by  Act  of  the  Legislature  of  Georgia,  approved  Rate  of  taxa- 
on  the  23d  day  of  December,  1896,  the  rate  of  taxation  to  be  levied  one-fourth  per 
on  all  taxable  property,  real  and  personal,  within  the  corporate  limits 
of  said  city,  shall  be  one  and  one-fourth  per  centum,  or  one  dollar  and 
twenty-five  cents  on  every  one  hundred  dollars  in  value  of  such  taxa- 
l)le  property;  and  the  rate  shall  be  the  same  for  property  of  less  value 
than  one  hundred  dollars,  and  taxes  on  all  taxable  property  within 


346 


Paet  III. — Ordinances. 


Real  estate 
be  assessed 
cash   market 


Books    open 
February   Is 
and    close 
March   15th. 


the  corjjorate  limits  of  the  City  of  Atlanta  are  hereby  levied  for  the 
3'ear  1899  at  such  rate  of  taxation,  and  such  annual  rate  of  taxation 
shall  remain  in  force  until  lawfully  changed. 

Sec.  1429.     The  taxes  levied  by  the  foregoing  section  shall  be  as- 

at  sessed  and  collected  in  the  manner  herein  prescribed,  to-wit:  The 
taxable  real  estate  in  said  city  shall  be  assessed  "by  the  Tax  Assessors 
and  Keceivers  at  its  cash  market  value,  and  such  assessments  shall  be 
completed  by  the  first  day  of  February  of  each  year. 

Sec.  1430.  The  Tax  Assessors  and  Eeceivers  shall  open  their  book* 
for  receiving  returns  of  taxable  property  on  the  first  day  of  February 

t  of  each  year,  and  close  such  books  on  the  fifteenth  day  of  March  of 
each  year;  and  the  returns  of  all  property  subject  to  taxation  shall  be 
made  within  the  dates  just  before  named.  The  said  Assessors  and 
Receivers  shall  receive  returns  upon  blanks  prepared  in  conformity 
with  ordinances  governing  the  same.  They  shall  make  one  Digest 
annually,  which  shall  be  kept  in  the  office  of  the  said  Assessors  and  Ee- 
ceivers. A  copy  of  this  Digest  shall  be  made  and  kept  in  the  office  of 
the  City  Comptroller.  The  columns  on  these  Digests  shall  be  so  pre- 
pared as  that  the  footings  will  show  the  amounts  collectible  on  real 
estate,  personalty,  street  tax,  sanitary  assessments,  etc.,  separately, 
and  the  amount-  collected  by  the  Tax  Collector  upon  receipts  written 
and  turned  over  to  him  by  the  Assessors  and  Receivers,  together  with 
the  amounts  of  the  blank  executions  prepared  and  turned  over  by  the 
said  Assessors  and  Receivers  for  executions  to  be  issued  as  prescibed  by 
law,  each  year,  shall  equal  the  sum  of  the  footings  on  the  annual  Tax 
Digest  less  the  discounts  that  may  be  allowed  any  one  year  for  the 
prepayment  of  taxes.  The  Tax  Collector  shall  make  daily  deposits 
of  taxes  collected,  as  well  as  of  all  other  collections,  with  the  City  Treas- 
urer, taking  his  receipts  for  the  same,  and  both  the  Tax  Collector 
and  the  Treasurer  shall  make  daily  and  monthly  reports  to  the  Comp- 
troller, who  shall  debit  the  one  and  credit  the  other. 

Sec.  1431.  Any  property,  real  or  personal,  not  exempt  from  taxa- 
tion by  the  laws  of  the  State,  or  whose  return  is  not  otherwise  provided 
for  by  the  laws  of  the  State  of  Georgia,  which  is  not  returned  by  the 
owner,  agent,  administrator,  trustee,  receiver,  or  other  person  in 
charge  thereof,  before  the  closing  of  the  books  for  receiving  returns, 
shall  have  ten  per  centum  added  to  the  assessed  value  thereof  as  a 
penalty  for  failure  to  make  returns  and  be  taxed  on  the  basis  of  the 
assessment  wi^h  such  penalty  added,  unless  such  property  be  relieved 
from  the  penalty  named  by  the  Mayor  and  General  Council.  The 
power  of  the  Tax  Assessors  and  Receivers  to  make  assessments  of  per- 
sonal property  not  fully  and  fairly  returned  by  its  owners,  or  not  re- 
turned at  all  by  such  owners,  is  continued  in  full  force. 

Sec.  1432.  The  taxes  due  the  City  of  Atlanta  on  real  estate  and 
personal  property  of  all  kinds  shall  be  due  and  i);iyal)le  in  throe  install- 


Part  III. — Ordinances.  347 


ments,  as  follows:  The  first  installment  of  twenty-five  per  centum  oi' .^^^^^  p^y^^ie 
such  taxes  on  the  fifteenth  day  of  April  in  each  year ;  the  second  in- '"  installments, 
stallment  of  twenty-five  per  centum  on  the  first  day  of  July  in  each 
year ;  and  the  third  installment  of  fifty  per  centum  on  the  fifteenth  day 
of  October  in  each  year.    The  first  installment  may  be  paid  at  any  time 
between  the  first  and  fifteenth  days  of  April,  inclusive  of  both  days, 
in  each  year;  and  if  not  paid  on  or  before  the  fifteenth  day  of  April 
in  each  year,  shall  bear  interest  at  the  rate  of  seven  per  centum  per 
annum  until  paid.     The  second  installment  may  be  paid  at  any  time 
between  the  fifteenth  day  of   June   and  the   first  day  of  July,   both 
inclusive,  in  each  j^ear ;  and  this  installment  if  not  paid  on  or  before  interest 
the  first  day  of  July,  shall  bear  interest  at  the  rate  of  seven  per  centum  taxerunpaid 
per  annum  until  paid.     The  third  and  final  installment  may  be  paid 
at  any  time  between  the  first  day  of  September  and  the  fifteenth  day  of 
October,  both  inclusive,  in  each  year ;  and  this  installment,  if  not  paid 
on  or  before  the  fifteenth  day  of  October,  shall  bear  interest  at  the  rate 
of  seven  per  centum  until  paid. 

Sec.  1433.    Any  taxpayer  shall  have  the  option  of  paying  his  taxes  ^.^^^^^^^  ^^^ 
in  full  for  the  year  with  the  first  installment  thereof,  and  in  case  of  prepayment  of 

•'  taxes. 

SO  doing  shall  be  allowed  a  discount  of  one-half  of  one  per  centum  on 
the  taxes  so  paid.  Any  taxpayer  shall  likewise  have  the  privilege 
of  paying  his  taxes  in  full  for  the  year  with  the  second  installment 
thereof,  and  upon  so  doing  shall  be  allowed  a  discount  of  one-fourth 
of  one  per  centum  on  the  taxes  due  under  the  third  installment.  Any 
taxpayer  may  stop  the  running  of  interest  on  any  past  due  installment 
or  installments  of  taxes  upon  pajdng  the  same  after  they  are  due,  and 
before  the  issuance  of  an  execution  therefor ;  that  is  to  say,  that  upon 
the  payment  of  such  past  due  installment  or  installments,  interest  shall 
be  computed  from  the  fifteenth  day  of  April  and  the  first  day  of  July, 
respectively,  until  the  date  of  payment. 

Sec.  1434.     The  sanitary  assessment  tax  of  three  dollars  a  lot  shall 
be  collected  with  the  general  property  taxes  and  divided  into  similar  ^^"'*'"'' 
installments. 

Sec.  1435.  The  commutation  taxes  of  one  dollar  per  annum  on 
persons  subject  to  road  duty,  in  lieu  of  such  road  duty,  levied  by  the  ^^'""^  *^''- 
annual  tax  ordinance,  may  be  returned  at  any  time  between  the  first 
day  of  February  and  the  first  day  of  July  in  each  year.  Every  person 
liable  to  road  duty,  who  has  not  paid  such  commutation  tax  on  or  be- 
fore the  first  day  of  July  in  each  year,  shall  be  liable  to  execution  for 
such  tax  with  costs  of  collection  as  prescribed  by  existing  ordinances, 
or  to  be  summoned  to  work  the  streets,  and  to  fine,  or  other  penalty 
for  failure  to  obey  such  summons,  as  prescribed  by  existing  ordinances. 

Sec.  1436.     On  the  first  business  day  after  the  fifteenth  dav  of  Oc- 

''  ^  Executions, 

tober  in  each  year  executions  shall  be  prepared  by  the  Tax  Assessors  and  how  issued 

^       '-  •'  against    delin- 

Eeceivers,   and  issued  by  the  Clerk  of  Council,  to  enforce  the  collec-  qnents. 


348 


Part  III. — Ordinances. 


Oath   of   giver- 
in   of   taxes. 


See  Sec.  142(5. 


,,    ,^,,„    tion  of  all  iini>uid  taxes,  or  installmenr  of  taxes,  with  the  interest  ac- 

Apr.    11,    18'.);».  1  '  ' 

cnied  thereon,  and.  the  costs  of  collection,  as  prescibed  by  existing 
ordinances;  but  only  one  execution  shall  issue  annually  against  each 
taxpayer,  which  execution  shall  cover  all  arrearages  of  taxes  against 
such  taxpayer  for  the  year.  Such  tax  execution  shall  be  levied  and 
collected  by  the  Marshal  of  the  City  of  Atlanta,  as  prescribed  by  exist- 
ing ordinances  under  the  rules  and  regulations  as  to  the  manner  of 
levy,  advertisement,  notice  and  sale  prescribed  by  law. 

Sec.  1437.  The  oath  to  be  administered  by  the  Tax  Assessors  and 
Receivers  for  the  City  of  Atlanta  shall  be  as  follows,  to-wit :  "You 
do  solemnly  swear  (or  affirm)  that  the  amount  which  you  now  give 
in  is  just  and  true  account  of  all  the  taxal)le  property  which  you  pos- 
sessed, held  or  claimed  on  the  thirty-first  day  of  January  last,  or  were 
interested  in  or  entitled  to,  either  in  your  own  right,  or  the  right  of 
any  person  or  persons  whomsoever,  as  parent,  guardian,  executor, 
administrator,  agent  or  trustee,  or  in  any  other  manner  whatever, 
according  to  the  tax  ordinances  of  the  City  of  Atlanta,  to  the  best  of 
your  knowledge,  information  and  belief ;  so  help  you  God." 

Sec.  1438.  Any  person  who  shall  knowingly  make  any  false,  in- 
complete or  unfaithful  returns  under  these  ordinances  shall,  on  con- 
\iction,  l)e  fined  at  the  discretion  of  the  Recorder's  Court  not  exceed 
ing  fifty  dollars  and  costs,  or  be  imprisoned  in  the  calaboose  or  common 
jail  of  the  county  not  more  than  thirty  days,  in  the  discretion  of  the 
court. 

Sec.  1439.  The  Mayor  and  General  Council  shall  each  year  pass 
such  tax  ordinances,  not  contrary  to  the  law,  as  they  may  deem  proper. 

Sec.  1440.  In  all  investigations  under  these  ordinances,  where 
charges  of  the  violation  of  the  same  are  being  tried  before  the  Record- 
er's Court,  he  or  they  shall  have  power  to  send  for  persons  and  papers, 
and  compel  attendance  of  parties  and  witnesses,  and  the  production  of 
l)ooks,  papers  and  other  evidence  on  the  trial. 

Sec.  1441.  It  shall  be,  and  is  hereby,  made  the  duty  of  the  Mayor 
to  adopt  such  measures  as  he  may  think  best  and  proper  to  insure  a 
rigid  enforcement  of  these  ordinances.  The  provisions  of  these  ordi- 
nances do  not  and  are  not  to  be  applied  to  sales  made  by  properly 
]  icensed  vendue  masters,  nor  to  any  property  sold  under  legal  process. 

Sec.  1442.  In  case  any  person  or  persons,  firm  or  firms,  corpora- 
tion or  company,  subject  or  liable  uuder  the  tax  ordinances  of  the 
City  of  Atlanta,  that  may  be  passed  in  and  for  any  year,  to  make  a 
return  or  returns  of  sales  or  receipts,  of  any  business  under  said  ordi- 
nance, shall  fail  to  make  said  return  or  returns  within  the  time  speci- 
fied in  said  ordinance,  he,  she,  it  or  they  shall  be  assessed  at  double  the 
amount  of  the  immediately  preceding  returu,  and  if  no  return  shall 
have  been  made,  then  assessed  in  the  discretion  of  the  Clerk  of  Coim- 
cil,  and  in  all  such  cases  of  default  in  inakiu"-  returns,  or  in  piivnu'nt 


Person.s    mak- 
ing   false    re- 
turn— how 
dealt  with. 


Tax    ordinance. 


Power    nf    the 
coiirt. 


Does   not   ap- 
ply   to   vendue 
masters. 


Persons    failir 
to   make   re- 
turns to  be 
double  taxed, 
etc. 


Part  III. — Ordixances.  349 


of  taxes  so  assessed,  execution  shall  issue  and  be  collected  as  other  ^.^^^^^5^^^^ 
executions  issued  by  the  authority    of    the    said    Mayor  and  General 
Council. 

Sec.  1443.  In  case  of  the  failure  of  the  owner  or  agent,  trustee,  Assessors. 
guardian,  or  person  in  charge  of  any  property  which  ought  to  appear  ji^r.  is,  isso. 
on  the  tax  books,  to  go  to  the  office  of  the  City  Tax  Assessors  and  Ee- 
ceivers  and  take  the  oath,  and  make  the  returns  required  by  law,  the 
Tax  Assessors  and  Eeceivers  shall  keep  a  digest,  to  be  known  as  "The 
Defaulters'  Digest,'"'  in  which  all  such  names  and  the  amounts  re- 
turned by  them  or  assessed  against  them  shall  be  recorded;  and  it  shall 
he  the  duty  01  the  Marshal,  before  settling  with  them,  to  require  all 

,  <v>  P   ,1        i-1-i       rn  »  •  1  Defaulters'    di- 

def aulting  taxpayers  to  go  to  the  office  of  the  City  1  ax  Assessors  and  gest. 
Eeceivers  and  take  the  oath  and  make  the  returns  required  by  law; 
and  any  defaulter,  failing  to  comply  with  this  ordinance,  when  thus 
required  by  the  Marshal,  shall  be  subject  to  a  fine  of  not  exceeding  fifty 
dollars,  or  imprisonment  not  exceeding  twenty  days,  upon  conviction 
in  the  Eecorder's  Court. 

Sec.  1444.     The  citv  shall  order  for  each  vear  for  the  use  of  the  , 

Assessors 

City  Tax  Assessors  a  book  for  each  ward,  in  which  shall  be  r^ecorded  books. 
an  accurate  description  of  each  parcel  of  property  assessed,  giving  the 
numbers  of  ward,  land  lot,  and  district  in  which  it  is  located,  the  num- 
ber of  front  feet  and  on  what  side,  whether  north,  south,  etc.,  of  street 
on  which  it  is  located,  with  numl)er  and  name  of  street ;  between  what 
streets  located;  how  many  feet  running  back  and  in  what  direction, 
whether  northerly,  southerly,  etc.;  whether  vacant  or  improved,  ad- 
Joining  whose  property;  name  of  owner,  his  or  her  street,  and  number 
of  residence,  and  if  non-resident,  with  correct  address,  tax  assessment 
and  remarks.  The  Tax  Assessors  are  required  to  keep  their  records  so 
as  to  comply  with  this  section  as  fully  as  practicable.  Two  blank 
books,  comprising  the  seven  ward  books,  shall  be  also  ordered,  with  the 
following  additional  columns,  viz :  whether  returned  for  taxes,  and  by 
whom,  and  for  what  amount. 

Sec.  1445.     All  owners  of  real  estate  in  the  city  selling  a  part  or 
the  whole  of  any  lot,  are  hereby  required  to  file  within  three  months  selling  real 
of  the  date  of  such  sale,  with  the  Tax  Assssors  and  Eeceivers,  informa- 
tion of  said  sale,  or  sub-division  of  his  lot,  and  that  the  Assessors  keep 
a  separate  book  for  this  purpose. 

Sec.  144G.     It  shall  be  the  duty  of  the  Tax  Assessors  and  Eeceivers 
of  the  City  of  Atlanta  to  call  upon  the  Comptroller-General  of  the  State  Raiuoad  taxes, 
of  Georgia  at  the  time  the  said  Comptroller  General  is  readv  to  make  The  Assessors 

°  ^  ■  shall  call  on 

a  statement  of  the  returns  of  the  railroad  companies,  subiect  to  taxa-  Comptroiier- 

^  ^  J  General   and 

tion  by  the  City  of  Atlanta,  or  of  the  assessments  against  such  compa-  receive  re- 
nies,  and  receive  annually  from  the  said  Comptroller-General  the  vari- 
ous returns  that  he  is  required  to  receive  for  the  City  of  Atlanta  for 
municipal  taxation.     And  the  Tax  Assessors  and  Eeceivers  shall  enter 


350 


Part  III. — Ordinances. 


Executions, 
how  issued. 


April 


such  returns  upon  the  same  books  that  contain  the  returns  of  other 
taxpayers. 

Sec.  1447.  The  method  for  the  collection  of  taxes  due  by  railroad 
companies  shall  be  the  same  as  is  observed  in  the  case  of  other  taxpay- 
ers, except  that,  if  any  railroad  company  shall  fail  to  pay  its  taxes  due 
the  City  of  Atlanta  by  the  15th  day  of  October  in  any  year,  it  shall 
be  the  duty  of  the  Tax  Assessors  and  Eeceivers  to  notify  the  Comp- 
troller General  of  the  State  of  Georgia  of  the  fact  and  amount  of  such 
unpaid  installment  or  installments  of  tax,  together  with  interest  due 
thereon,  and  have  an  execution  issued  as  prescribed  by  law.  The 
dates  and  amounts  of  all  such  executions  shall  be  reported  by  the  Tax 
Assessors  and  Eeceivers  to  the  Comptroller  and  Clerk  of  Council  of 
the  City  of  Atlanta,  who  shall  keep  a  record  of  all  such  executions. 
The  City  Tax  Collector  shall  receive  for  the  City  of  Atlanta  the  pro- 
ceeds of  such  executions,  and  issue  receipts  therefor,  written  by  the 
Clerk  of  the  Council  in  conformity  with  the  coupon  system. 


CHAPTER  XL. 


EXECUTIONS — TAX    SALES — MARSHAL. 


Section. 

1448.  Executions — how    prepared. 

1449.  Signed  by    Clerk. 

1450.  Addressed   to    Marshal. 

1451.  Marshal    to    endorse    in    ink    the    settle- 
ment  on   each  &.    fa. 

1452.  Marshal  not  to  settle  until   fi.   fa.   is  is- 
sued. 

1453.  Demand  to  be  made  for  street  tax. 
1453    (a).    Fi    fa.    notices,    etc.,    to   be   mailed 

under  cover. 

1454.  Clerk  to   issue  tax  executions. 

1455.  Marshal  to  make  levy. 

1456.  Advertise  and  sell,  with  fees. 


Section. 

1457.  Notice  to  owner  or  tenant. 

1458.  Owner  may  redeem. 

1459.  Marshal   to  keep  register. 

1460.  Books    and    newspapers    to    be    kept    by 
Marshal. 

1461.  City  to  be  represented  at  sale. 

1462.  Clerk  to  keep  record  of  city  purchases. 

1463.  I,icense    Inspector    the    custodian    of 
property  bought  at  tax  sales. 

1464.  Redemption   of  Marshal's  deeds. 
1465-1470.  Second   sale  of   property  bought   at 

Marshal's   sale. 
1471.  Marshal  to  put  purchaser  in  possession. 


Section  1448.     All  executions  for  delinquent  bills  or  accounts  due 


Executions    to 
be   prepared    in 

where^biuT"*^  ^^*^  ^^^^  ^^  Atlanta  shall  be  prepared  and  docketed  in  the  department 

comes   delin- 
quent. 


Delivered  to 
Clerk. 


Directed. 
April  7,  1 


where  such  bills  or  accounts  become  delinquent. 

Sec.  1449.  Executions  thus  prepared  and  docketed  shall  be 
promptly  delivered  to  the  Clerk  of  the  Council,  who  shall  issue  such 
executions  and  enter  same  upon  a  docket  to  be  kept  in  the  said  Clerk'^s 
office. 

Sec.  1450.  Such  executions  shall  be  directed  and  delivered  by  the 
Clerk  of  Council  to  the  City  Marshal,  who  shall  enter  the  same  upon 
a  docket  to  be  kept  in  the  said  Marshal's  office,  and  the  Marshal  shall 
proceed  to  enforce  the  collection  of  such  executions  in  the  manner 
prescribed  by  law.  The  docket  of  original  entry,  or  a  copy  thereof, 
shall  be  kept  in  the  office  of  the  City  Comptroller. 


Part  III. — Ordinances.  351 


Sec.  1451.     The  Marshal  shall  endorse  in  ink  upon  each  execution  ^j^^^^^,   g^^,j 
the  settlement,  if  the  same  is  collected;  and  if  the  execution  is  not ;';j'^?[^^  f^-  '**• 
collectible,  the  reason  therefor.     And  the  docket  in  the  Marshal's  office  ^v'-  "•  ^^""• 
shall  show  the  same  entries.     The  Marshal  shall  then  deliver  execu- 
tions thus  endorsed  to  the  Comptroller,  who  shall  make  entry  of  the 
Marshal's  endorsements  upon  the  proper  execution  dockets  kept  in  the 
said  Comptroller's  office.     Such  executions  shall  then  be  delivered  to 
the  City  Clerk,  who  shall  make  similar  entries  upon  the  execution 
dockets  in  his  office,  and  the  said  City  Clerk  shall  be  the  custodian  of 
cancelled,  settled  and  returned  executions. 

Sec.  1452.     The  Marshal  is  prohibited  from  settling  with  any  de-  Mar.  is,  isso. 
faulter  before  a  fi.  fa.  is  issued  by  the  Clerk. 

Sec.  1453.     No  fi.  fa.  shall  be  presented  for  street  tax  until  a  de-  demanded^  be- 

,   ,  ,       „  ,  fore  fl.    fa.   to 

mand  be  made  tor  payment.  issue. 

Sec.  1453  (a).     All  notices  sent  by  the  city  officials  to  tax  default- 
ers by  mail,  to  pay  their  taxes,  whether  assessment  licenses  or  other-  tices  on  postal 
wise,  shall  be  made  under  cover  and  not  upon  postal  cards.  April  s,  isdi. 

Sec.  1454.     In  all  cases  where  any  person  or  persons,  citizens  of  the 
Citv  of  Atlanta,  or  who  have  property  subject  to  taxation  within  the  Tax  execu- 

'  r      r       J  J  _  tions— Clerk 

limits  of  the  same,  shall  fail,  refuse  or  neglect  to  pay  the  taxes  imposed  to  issue, 
according  to  law  or  ordinance  of  said  city,  the  Clerk  of  Council  shall  July  is,  isrs. 
issue  executions  for  the  same,  which  executions  shall  be  signed  by  said 
Clerk,  and  bear  test  in  the  name  of  the  Mayor,  and  be  entered  on  the 
Comptroller's  books,  and  be  directed  to  the  Marshal  of  said  city,  com- 
manding him  to  levy  on  the  goods,  chattels,  lands  and  tenements  of 
the  defendants,  or  so  much  thereof  as  shall  be  sufficient  to  satisfy  the 
demand  and  cost,  which  execution  shall  bind  all  the  property  of  the 
defendant ;  and  the  cost  thereof  shall  be  the  same  as  on  tax  executions 
for  like  amounts  by  the  law  of  this  State. 

Sec.  1455.     Whenever  any  fieri  facias  shall  issue  against  any  person 
or  persons,  citizens  of  said  city,  or  who  have  property  subject  to  taxa-  pig^i  facias  for 
tion  within  the  corporate  limits  of  the  same,  for  taxes,  in  the  manner  sh'arto^\evy 
prescribed  by  the  charter  of  this  city,  it  shall  be  the  duty  of  the  Mar-  *'^^  ^'^'"^' 
shal  forthwith  to  levy  the  same  upon  the  property  of  the  defendant,  or 
a  sufficiency  thereof  to  satisfy  said  fieri  facias  and  costs. 

Sec.  1456.  Whenever  the  Marshal  shall  have  any  execution  or  exe- 
cutions placed  in  his  hands,  he  shall  execute  the  same  in  the  manner  Advertisement 
prescribed  by  law,  and  whenever  he  shall  levy  any  execution  upon  any  ^" 
goods,  chattels,  lands  or  tenements,  he  shall  advertise  the  same  in  one 
of  the  public  gazettes  of  the  City  of  Atlanta,  once  a  week  for  four 
weeks  prior  to  the  day  of  sale ;  and  the  said  Marshal  shall,  on  the  first 
Tuesday  of  each  month,  between  the  hours  of  10  o'clock  in  the  fore- 
noon and  4  o'clock  in  the  afternoon,  sell  all  property  levied  upon,  in 
front  of  the  courthouse  door  of  Fulton  county,  at  public  outcry,  and 


352  Pakt  III. — Ordinances. 


shall  knock  down  said  property  to  the  highest  bidder,  and  execute  titles 
to  the  same,  if  required.     He  shall  collect  the  following  fees: 

For  settling  and  collecting  a  fi.  fa $1.00 

Levying  fi.  fa.  over  $100.00 1.00 

^°^'  ^'  ^^^°'     Levying  fi.  fa.  $100.00  and  under. .  . : 35 

Commission  for  selling    property,    the    same    amounts    allowed 
sheriffs,  according  to  amounts  of    the    various    executions. 
Making  deed 1.00 

It  shall  be  the  duty  of  the  Marshal  to  itemize  the  costs  on  the  back 
of  the  fi:  fa.,  and  to  print  this  bill  of  fees  on  each  fi.  fa. 

Sec.  1457.     Where  real  estate  is  levied  on,  it  shall  be  the  duty  of 

Notice.  the  Marshal  to  give  to  the  owner,  or  the  tenant  in  possession,  if  the 

owner  is  unknown,  a  written  notice  of  such  levy  five  days  before  the 

sale,  and  to  make  a  return  of  the  service,  and  date  of  service,  and  by 

whom  made,  and  upon  whom  perfected  on  the  execution. 

Sec.  1158.  Whenever  any  land  is  sold  under  and  by  virtue  of  any 
tax  execution  issued  in  pursuance  of  the  charter  and  ordinances  of  the 

Redemption.  '-  . 

Citv  of  Atlanta,  the  owner  or  owners  thereof,  his,  her,  or  their  agent, 

Sec.    169.     60  "  - 

Ga.,  260.  or  attorney,  or  the  vendor  of  the  land,  when  the  purchase  money  has 

not  been  paid,  shall  have  the  right  and  privilege  of  redeeming  the 
land  thus  sold  within  one  year  from  the  time  of  sale  by  paying  the 
purchaser  thereof  the  amount  paid  by  such  purchaser  for  said  land, 
with  legal  interest  thereon,  and  ten  per  centum  premium  on  said 
amount,  in  current  money. 

Sec.  1459.  The  Marshal  shall  keep  a  register  of  all  sales  of  real 
Marshal  to  Gstatc,  wlicther  vacant  or  improved,  in  a  book  provided  by  him  for  that 
ofTax  lltT^'  purpose,  in  which  he  shall  enter  each  tract  or  lot  of  land  exposed  to 
vertisJmentf'^'  ^^Ic,  the  prcclsc  quantity  sold,  a  copy  of  th«  advertisement,  and  the 
^^^-  '      amount  of  taxes  and  costs  the  same  tvas  sold  for,  and  the  purchaser's 

>ray  1.  1876.  ^q^-^-^q^  Icaviiig  at  the  end  of  each  line  three  columns  in  blank — leav- 
ing a  sufficient  space  to  insert  the  name  of  the  person  who  may  re- 
deem such  lot  or  tract  of  land,  the  date  of  redemption  and  the  amount 
of  redemption  money  paid,  which  book  shall  be  kept  in  a  neat  and  leg 
ible  manner,  and  shall  always  be  open  for  the  inspection  of  any  and  all 
persons  interested. 

Sec.  1460.     That  hereafter  it  shall  be  the  duty  of  the  Marshal  of 
said  city : 
Marshal— pa-  First.     To  kccp  a  file  of  all  newspapers  in  which  his  ottieial  adver- 

))ers  and   books 

to  lie  kept  by.  tisemeuts  appear. 

Second.  To  keep  an  execution  doc-ket,  wherein  he  shall  enter  a 
full  description  of  all  executions  levied  by  him  on  any  kind  of  proj)- 
erty,  showing  what  property  levied  on,  the  date  of  levy  and  of  the 
service  of  notice,  together  with  all  his  acts  and  doings  thereon. 

Third.     To  keep  a  book  in  which  shall  be  entered  a  record  of  all 


Part  III. — Ordixaxces.  353 


sales  made  by  him,  describing  accurately  the  property  and  process  ^p^   20,  isss. 

nnder  which  sold,  the  date  of  the  levy  and  sale,  and  the  purchase  and 

price. 

Fourth.    Said  books  shall  have  an  index,  which  shall  be  kept  up  for 
each  entry  therein. 

Sec.  1461.     The  chairman  or  a  member  of  the  Tax  Committee  shall 
act  for  the  city  in  bidding  the  amount  of  tax  and  costs  on  property  city?''^^*"  ''^ 
sold  for  tax  by  the  Marshal,  where  no  one  bids  that  amount,  and  see  ^prii  30,  istt. 
that  the  Marshal  makes  the  city  a  deed  in  pursuance  of  the  Act  of  the 
Legislature,  approved  February  27,  1877. 

Sec.  1462.     It  shall  be  the  duty  of  the  Clerk  of  Council  to  prepare 

01**rk    shall 

and  keep  in  his  oflfice  a  book  of  record  of  all  property  purchased  by  the  keep  record, 
city  at  IMarshal's  tax  sales,  showing  whose  property  was  so  purchased, 
the  amount  bid  by  the  Tax  Committee,  and  what  portion  of  the  same 
was  tax  and  what  portion  Clerk  and  Marshal's  costs,  respectively.  He 
shall  also  file  and  carefully  keep  in  his  office  the  deed  made  by  the 
]\Iars]ial  to  the  city,  and  the  execution  attached,  which  shall  be  deliv- 
ered to  him  by  the  Marshal ;  also  a  copy  of  the  newspaper  in  which  any 
Marshal's  sale,  at  which  the  city  purchased,  was  advertised. 

Sec.  1463.     The  License  Inspector  shall  be  the  proper  person  for  the 

/  ■        ^r        T     1  1  .  .  <.n  ixj.  Possession, 

C  ity  Jlarshal  to  place  m  possession  of  all  property  purchased  by  the  renting,  etc. 

eitv  at  Marshal's  tax  sales,  and  it  shall  be  the  dutv  of  the  License  i^i^ense  inspec- 
tor. 
Ins])ector  to  keep  Careful  watch  over  all  such  propertv,  and  see  that 

•^  1       1         ..  7  April  7,   189". 

no  person  is  allowed  to  trespass  thereon,  in  cases  of  vacant  property, 
and  look  after  the  buildings  (if  the  property  is  improved),  rent  the 
same,  collect  the  rents,  and  return  and  pay  all  amounts  collected  for 
rent  to  the  Tax  Collector.  The  Clerk  shall  keep  a  record,  in  the  book 
above  referred  to,  of  all  amounts  received  for  rent. 

Sec.  1464.  The  owner  desiring  to  redeem  property  so  purchased 
by  the  city,  may  do  so  in  one  year  from  date  of  sale  by  applying  to  the  SaS^s'""  °* 
Clerk  of  Council,  and  upon  the  compliance  of  any  such  person  with^^^*^- 
the  law,  he,  she,  or  it,  may  be  allowed  to  do  so;  and  all  redemptions  of  ^^"^  "'  ^^''^• 
^Marshal's  deeds  shall  be  upon  receipts  prepared  by  the  Clerk  and 
turned  over  to  the  Tax  Collector  in  conformity  with  the  coupon  S3's- 
tem ;  and  the  Clerk  shall  enter  upon  the  Marshal's  deed  book  a  com- 
plete record  of  all  redemptions  and  other  settlements  of  Marshal's 
deeds,  giving  dates,  amounts,  by  whom  redeemed  or  settled,  and  all 
other  matters  of  importance  connected  with  each  transaction.  The 
Comptroller  shall  prepare  and  keep  a  similar  Marshal's  deed  Hook, 
which  shall  likewise  show  all  the  transactions  connected  with  the  said 
Marshal's  deeds.  The  above  ordinance  is  to  carry  into  effect  an  Act  of 
the  Legislature  of  Georgia,  entitled,  "An  Act  to  provide  for  the  man- 
ner of  tax  sales  by  municipal  corporations,  and  for  other  purposes, 
approved  February  27,  1877." 

Sec.  1465.     In  all  cases  where  propertv,  after  havino;  been  bouo-ht 

(23) 


354 


Part  III. — Ordixaxces. 


Property 
bouffht    at    tax 
sales. 


Slav   6,   1S9-2. 


When   held   i>ne 
vear. 


Council   to   di 
rect  sale  by 
resolution. 


Separate  sales. 


Quit    claim 
deeds. 


Marshal  to   put 
purchaser  in 
possession. 


by  the  city  at  tax  sales,  has  been  held  one  year,  and  by  order  of  the 
Mayor  and  General  Council  is  advertised  to  be  sold  again,  as  provided 
by  law,  it  shall  be  the  duty  of  the  Collector  of  Street  Improvements  in 
office  at  the  time  such  sales  are  advertised  to  serve  the  five  (5)  days' 
notice  required  by  law  on  the  tenant  in  possession,  and  to  make  return 
of  such  service  in  'WTiting. 

Sec.  1466.  Such  service  shall  be  perfected  upon  the  tenant  in  pos- 
session if  the  property  is  occupied,  and  if  vacant,  upon  the  owner,  or 
his  agent,  if  known ;  and  failing  all  of  these,  such  notice  shall  be  con- 
spicuously posted  upon  the  property.  The  service  in  all  cases  to  be 
made  at  least  five  (5)  days  before  the  day  of  sale. 

Sec.  1467.  Property  purchased  by  the  city  at  Marshal's  sale  for 
city  tax  (by  virtue  of  the  provisions  of  an  Act  passed  by  the  Legisla- 
ture of  Georgia,  and  approved  February  2Tth,  18?T).  and  which  has 
been  held  by  the  city,  under  deed  made  in  pursuance  of  such  sale,  for 
one  year,  shall  be  sold  and  disposed  of  by  the  city  as  follows :  The 
Clerk  of  Council  shall  present  to  the  Mayor  and  General  Council  at 
any  regular  meeting  thereof  a  full  descriptive  list  of  all  property  so 
purchased,  and  which  has  been  held  as  aforesaid  for  one  j'ear. 

Sec.  1468.  Said  Mayor  and  General  Council  shall  then,  by  reso- 
lution, direct  the  sale  of  all,  or  such  a  portion  of  said  property  as  in 
its  judgment  should  be  sold.  Such  direction  being  given,  it  shall  be 
the  duty  of  the  Tax  Committee  to  advertise  such  property  for  sale  in 
a  newspaper  published  in  the  City  of  Atlanta  once  a  week  for  four 
weeks  before  a  regular  Sheriff's  sale  day.  and  to  have  notice  of  such 
proposed  sale  served  on  the  owner,  agent,  or  tenant  in  possession,  or  in 
case  of  vacant  property  posted  thereon  and  return  of  service  of  this 
notice  made  as  in  cases  of  regular  tax  sales,  and  on  such  day,  between 
the  legal  hours  for  Sheriff's  sales,  said  committee  shall  sell,  or  have 
sold,  said  property  at  public  outcry  to  the  highest  bidder  for  cash. 

Sec.  146'J.     Each  piece  of  said  property  shall  be  sold  separately. 

Sec.  1470.  Purchasers  at  such  sales  shall  receive  from  the  city  a 
quit  claim  deed,  to  be  executed  by  the  iNlayor  upon  the  paMuent  of  the 
purchase  money  to  the  Clerk  of  Council. 

Sec.  1471.  It  shall  be  within  the  power  and  authority,  and  shall 
be  the  duty  of  the  Marshal  of  the  City  of  Atlanta,  in  all  cases  where 
he  has  heretofore  sold,  or  shall  hereafter  sell,  any  property  within  the 
limits  of  the  City  of  Atlanta,  under  executions  issued  to  enforce  the 
collection  of  assessments  due  the  City  of  Atlanta,  or  tranferees  from 
the  City  of  Atlanta,  of  such  executions  to  put  the  purchaser  of  the 
property  so  sold  in  possession  thereof,  on  demand  of  said  purchaser. 
Just  as  if  the  property  had  been  sold  under  ordinary  tax  execution 
issued  bv  the  Citv  of  Atlanta. 


Part  III. — Ordinances. 


355 


CHAPTER  XI.I. 


ItEGISTHATIOX    OF   BL'SIXESS    LICENSES. 


Section. 

1472.  Registration   annually. 

1473.  Registration  of   business. 

1474.  Evidence   of   business. 

1475.  Fail  to  register  and  pay  license. 
1476-1477.  Pawnbrokers,    etc. 
1478-1479.  Fees    of   City   Clerk. 

1480.  Fees   of   Marshal. 

1481.  Old   soldiers. 


Section. 

1483.  Consignments     prohibited,      e.xcept     to 
commission  merchants  licensed   as  sucli. 

1484.  Fi.   Fas.    for  business  tax  issue— when. 

1485.  Tax   brokers. 

1486.  No  modification  of  bucket   shop   laws. 

1487.  Free   licenses. 

1488.  Street  vendors. 

1489.  Fruit  stands. 


Section  1472.  Every  person,  firm,  corporation  or  company  engaged 
in  prosecuting  or  carrying  on  any  trade,  business  or  profession,  within  ^usfnei  musf 
the  incorporate  limits  of  said  city,  is  hereby  required  to  register  their  My^,  and^p'ro- 
names,  business,  calling,  trade  or  profession,  annually,  at  such  times  ^'"'^'^ 
as  the  Mayor  and  General  Council  may,  by  resolution,  from  time  to 
time  direct;  and  persons    coming    into    the    city,  and  so  engaging  in 
business,  after  that  date  in  each  year,  shall  so  register,  and  pay  for 
and  procure  a  business  license. 

Sec.  1473.     It  shall  be  the  duty  of  every  person,  firm  or  corporation 
engaged  in  any  kind  of  business  required  by  the  tax  ordinance  to  be  business. 
registered,  to  register  the  particular  business  in  which  such  person, 
firm  or  corporation  is  engaged,  and  to  pay  the  registration  tax  thereon. 

Sec.  1474.     The  putting  up,  or  keeping  up  or  allowing  to  remain 
in  position,  a  business  sign  on  or  in  any  house,  office,  wall  or  other  business  and 

•■^^  '  °  J  '  ?  liability   to   li- 

place,  or  the  publishing  or  continuing  any  advertisement  in  any  news-  cense, 
paper,  circular  or  card  otfering  to  do  business,  or  soliciting  trade  or 
patronage  in  any  business  required  to  be  registered,  or  the  renting,  or 
the  opening  of  any  store,  house,  office  or  place  of  business  for  the  osten- 
sible purpose  of  carrying  on  any  business  required  to  be  registered, 
shall  be  prima  facie  evidence  of  liability  to  register  such  business  and 
pay  the  registration  tax  thereon  required  by  the  tax  ordinance. 

Sec.  1475.     The  failure  of  any  person,  firm  or  corporation  required 
by  the  tax  ordinance  to  register  and  pay  the  registration  tax  upon  their  fg^er^'^and"  p'^y" 
said  business  shall  be  occasion  to  have  said  tax  collected  by  the  issue  of  license, 
execution  by  the  Clerk  of  Council,  which  shall  be  levied  and  collected 
by  the  IVIarshal  or  his  deputy,  and  ofPender  shall  also  be  subject  to  be 
arrested  and  tried  before  the  Recorder's  Court,  and  on  conviction  of 
carrying  on  any  business  required  to  be  registered  without  registering  penalty, 
and  paying  the  required  registration  tax  thereon  shall  be  fined  not  Aug.  19,  i89i. 
exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding  thirty 
(30)  days,  in  the  discretion  of  the  court. 

Sec  1476.     All  pawnbrokers  and  second-hand  dealers   shall   keep  pawnbrokers 
books  in  connection  with  their  business,  wherein  shall  be  entered  an  ^'«^- 
accurate  description  of  all  property  pledged  or  sold  to  them,  giving 


356  Part  III. — Ordinances. 


where  the  same  occurs  as  in  the  case  of  watches,  the  name  of  the  maker 
and  the  number  on  the  piece,  and  further  accurately  and  fully  describ- 
ing such  property,  with  the  kind  and  material  of  which  it  is  made ;  and 
in  said  books  there  shall  also  be  entered  the  name  of  the  person  by 
whom  same  is  deposited  or  sold,  and  the  time  when  the  same  was  done. 
These  entries  shall  be  made  as  soon  after  any  transaction  is  had  a> 
possible,  in  no  event  allowing  more  than  one  hour  to  elapse  after  such 
transaction  before  the  above  provided  entry  is  made  concerning  the 
same.  These  books  and  articles  themselves  so  pledged  or  sold,  shall  at 
all  times  be  subect  to  inspection  and  examination  by  the  police  officers 
of  the  City  of  Atlanta. 

Sec.  1477.  Any  person  doing  a  pawnbroking  or  second-hand  goods 
business  in  the  City  of  Atlanta  who  shall  fail  or  refuse  to  keep  books  in 
connection  with  their  business,  as  provided  for  in  section  1476,  or  who 
shall  make  false  entries  concerning  the  transactions  named,  or  who' 
shall  fail  or  refuse  to  permit  an  inspection  and  examination  of  said 
books  and  of  the  property  pledged  with  or  sold  to  them,  by  any  police 
officer  of  said  city,  shall  upon  conviction  before  the  Eecorder's  Court 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars,  or  imprisonment  for  not  more  than  thirty  days,  one  or  both. 
as  the  Eecorder's  Court  in  its  discretion  may  determine. 

Sec.  1478.     It  shall  be  unlawful  for  the  City  Clerk  or  Tax  Collector 

to  charge  or  receive,  on  account  of  the  city,  any  fee  for  issuing  any 

Clerk."'  """'     license  to  any  citizen  or  taxpayer  who  shall  pay  such  license  within  the 

time  allowed  by  the  ordinances  for  such  payment,  before  the  issuing 

of  the  execution  therefor. 

Sec.  1479.  It  shall  be  the  duty  of  the  City  Clerk  and  Tax  Collec- 
tor to  charge  and  collect  the  fees  now  and  hereafter  provided  by  ordi- 
nance for  issuing  licenses  to  merchants  and  taxpayers  who  do  not  pay 
such  licenses  within  the  time  limited  by  the  ordinance,  and  to  pay  such 
fees  or  licenses  into  the  city  treasury  for  the  use  of  the  city. 

Sec.  1480.     All  fees  and  costs  collected  by  the  Marshal,  on  account 

of  settling  levies,  advertisements,  sales,  commissions,  making  deeds 

go  to  city.       ^j-^^i  other  services  in  connection  with  the  collection  of  executions  for 

licenses,  taxes  or  assessments,  shall  be  paid  into  the  city  treasury  for 

the  use  of  the  city. 

Sec.  1481.  The  various  provisions  of  the  tax  ordinance  of  the  City 
of  Atlanta,  as  to  the  payment  of  registration  taxes,  shall  have  no  ap- 
plication to  the  cases  of  old  soldiers  having  free  licenses  from  the  State 
to  peddle,  whether  such  old  soldiers  go  from  place  to  place  in  the  city 
peddling  the  kind  of  wares  or  goods  covered  by  their  licenses,  or  such 
old  soldiers  occupy  stands  for  the  disposition  and  sale  of  their  wares ; 
provided,  nevertheless,  such  old  soldiers  shall  not  be  permitted  to  ob- 
struct the  sidewalks  or  streets  with  any  such  stand. 

Sec.  1483.     No  person  or  persons,  firm  or  corporation,  doing  busi- 


Fees  of  City 


Fees   and   costs 


Registration    of 
business. 
Peddlers  free 
license. 

Mar.    2,    1896. 


Part  III. — Ordinances.  357 


ness  in  this  city,  shall  sell  or  offer  for  sale  any  goods,  wares,  merchan-  consignments 
dise,  fruits  or  produce  consigned  to  them,  upon  commission  or  other-  ^ept'^to^'^com- 
wise,  or  whether  they  derive  the  usual  benefits  of  consignees  therefrom,  ^^l^tT  iiTen«-d 
unless  said  goods,  wares,  fruits  or  produce  come  within  the  scope  of  the  *^  ^'"'^• 
lines  of  goods  that  they  are  licensed  by  law  to  deal  in,  or  unless  they 
have  a  general  commission  merchant's  registration  license,  when,  in 
either  instance,  they  must  pay  tax  on  commission  sales,  as  required  by 
tax  ordinance.' 

Sec.  1484.     No  license  fi.  fa.  shall  issue,  nor  cost  thereon  accrue, 
until  five  days  after  the  mailing  of  notice,  under  cover,  to  the  person  busing  tax 
in  default,  stating  the  amount  due  for  such  license,  and  if  not  paid      ^~ 
within  five  (5)  days  from  the  date  of  such  notice,  a  fi.  fa,  therefor,  and   "^'    ' 
for  the  costs  thereon,  will  issue. 

Sec.  1485.     The  registration  tax  on  the  business  of  stock  and  pro- 
<3uce  brokers  or  agencies  shall  be  fixed  in  annual  tax  ordinance,  the  duce  brokers, 
business  to  be  subject  to  regulation  by  the  Mayor  and  General  Council 
by  such  ordinances  as  may  be  passed  from  time  to  time  for  that  pur- 
pose. 

Sec.  1486.     The  taxing  and  licensing  of  the  business  of  brokers,  or, 

'^  °  Iso  modifica- 

agencies  for  brokers,  shall  not  be  construed  to  repeal  or  modify  the  tjon  of  bucket 
existing  ordinances  prohibiting  "bucket  shops." 

Sec.  1487.     Xo  free  license  shall  hereafter  be  granted  under  any  ^^^^  ucei^e 
■circumstances,  to  any  person  for  any  purpose,  unless  such  person  shall 
have  been  a  citizen  of  the  city  continually  for  the  two  years  next  pre- 
ceding the  asking  of  the  same. 

Sec.  1448.     No  license  shall  be  granted  to  any  person  or  firm  to 
erect  a  stand  or  sell  from  street  or  pavement,  any  patent  medicine,  ^^^'^^'J^^^^^^j^^ 
novelty,  or  article  of  merchandise  generally  sold  by  itinerant  vendors,  j^^   20,  isrs. 
except  with  the  written  consent  of  the  person  or  persons  occupying  g^^  5^^  15J4 
the  store,  office,  or  residence,  before  which  it  is  proposed  selling  said 
merchandise  and  by  order  of  the  Mayor.     The  license  tax  for  such 
privileges  shall  not  be  less  than  fifteen  dollars  per  week  for  each  stand  ^'"°""'  *'^- 
or  salesman,  unless  granted  on  petition  to  General  Council,  and  no 
license  shall  be  granted  for  less  than  one  week.' 

Sec.  1489.     Xo  license  shall  issue  to  any  itinerant  peddler  or  other 
person,  for  the  purpose  of  selling  articles  of  merchandise  from  any  for^saie  of 
stand  or  location,  in  or  upon  the  streets  or  roadway  proper  between  abolished.'' 
the  curbing  in  said  city.'  ^"-  ^^'  ^'^^• 


1   See  annual  tax  ordinance. 


358 


Part  III. — Ordinances. 


CHAPTEK  XLII. 


Section. 

1490.  License   from   city. 

1491.  Penalty. 

1492-1493.  Penalty   for   not   exhibiting-   licen.se. 

1494.  Orders   for  clothing. 

1495.  Street    drummers. 

1496.  Penalty. 

1497.  Meats    from    wagons. 

1498.  Book   agents. 

1499.  No  license  to  peddle  groceries. 

1500.  Tags  required   on  meat  wagons. 

1501.  Ice   dealers,    etc.,     mu.st   carry  scales   or 
measures. 


Section. 

1.502.  Peddlers'    licenses. 

1503.  Price   of   peddlers'    licenses. 

1504.  Peddlers'    licenses  revocable. 

1505.  Only   producers    may    sell    produce    free. 

1506.  Penalty  tor  unlicensed  peddling  or  fruit 


1507.  Penalty  for  sale  of  unsound  meats    etc. 
1508-1509.  Street    traders    placed    by    Chief    of 

Police. 
1.512-1513.  Peddling    berries,    etc.,    prohibited. 
1514.  Medicine    stands   on   streets   prohibited. 


License  from 
city. 

Not  prevent 
disabled  sol- 
diers   peddling. 


Peddling   with- 
out  license. 


Peddlers    must 
carry  and 
show  license. 


Penalty. 


Section  1490.  Xo  itinerant  trader,  or  peddler,  licensed  by  the 
Ordinary  of  any  county  in  this  State,  shall  offer  for  sale  any  goods, 
wares,  or  merchandise,  in  the  incorporate  limits  of  the  City  of  Atlanta., 
without  first  obtaining  from  the  Clerk  of  Council  a  license,  for  which 
he  shall  pay  the  amount  named  in  the  annual  tax  ordinance  for  such 
business,  for  each  day  he,  she  or  they  shall  offer  any  goods,  wares  or 
merchandise  for  sale  in  said  city. 

Sec.  1491.  If  any  such  person  shall  offer  any  goods,  wares  or  mer- 
chandise for  sale  in  the  incorporate  limits  of  said  city,  without  first 
having  obtained  a  license  from  the  Clerk  of  Council,  the  Chief,  or  some 
officer  or  member  of  the  police  force, shall  arrest  such  person,  and  carrv 
him,  her  or  tbem  before  the  Recorder's  Court  for  trial,  when  he,  she 
or  they  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  each,, 
for  every  day  he,  she  or  they  shall  violate  the  preceding  section,  or 
be  imprisoned  in  the  stationhouse  or  common  jail  of  the  county  not 
more  than  thirty  days. 

Sec.  1492.  If  any  itinerant  trader  or  peddler  shall  offer  any  goods, 
wares  or  merchandise  for  sale  within  the  City  of  Atlanta,  without 
license  from  the  Ordinary  of  Fulton  county,  he,  she  or  they  shall  be 
immediately  arrested  by  the  police  force  and  carried  before  the  Re- 
corder, Mayor,  or  some  member  of  Council,  where,  upon  proof  of  such 
charge  being  made,  he,  she  or  they  shall  be  bound  over  to  the  next 
term  of  the  Superior  Court  of  said  county  thereafter,  to  answer  said 
offense. 

Sec.  1493.  Any  person  or  persons  selling  or  peddling  goods 
wares,  or  merchandise  of  any  kind,  from  wagons  or  places  other  than 
their  regular  place  of  business,  shall  be  required  to  carry  their  license 
for  such  business  with  them,  and  any  person  or  persons  who  shall  fail 
or  refuse  to  exhibit  his  or  her  license  on  the  demand  of  an  officer  of 
the  city  having  the  right  to  make  an  arrest,  shall  on  conviction  before 
the  Recorder's  Court  be  fined  not  exceeding  twenty-five  dollars  or  im- 


Part  III. — Ordixaxces.  359 


prisoned  not  exceeding  thirty  day?,  eitlier  or  both 
the  conrt. 

Sec.   1494.     Xo  person  or  firm  shall    take    or    solicit  orders  I'l-oiii  idling  doth- 
others  than  registered  clothiers  or  inerchaiit   laihu's  (if  this  city   Idi' 'j^|  orjjere'for 
men's  underwear,  suits  of  .clothing  or  parts  thereof,  who  are  not  em- '""'"^'"^• 
ployed  by  registered  clothiers   or   merchant   tailors,  and  no  person  or    '  '   '' 
firm  shall  take  or  solicit  orders  from  others  than  regularly  registered 
news-printing  or  book  manufacturing  houses  for  any  class  or  kind  of 
printing,  or  blank  book  manufacturing,  without  having  first  obtained  r.icense- 
a  license  to  do  so  from  the  Clerk  of  Council,  and  paying  therefor  the 
sum  fixed  in  the  annual  tax  ordinance,  and  the  sum  of  one  dollar  and 
fifty  cents  on  each  one  hundred  dollars  of  all  sales  and  orders  taken. 

-  .      .  Penalty. 

Any  one  violating  the  provisions  of  this  ordinance  shall,  on  conviction, 
pay  a  fine  of  one  hundred  dollars,  or  be  imprisoned  thirty  days,  in  the 
discretion  of  the  court. 

Sec.  1495.  Any  jjcrson  soliciting  trade  or  custom  for  any  "^^'r- ^  .^^^^^  ^^ 
chant  or  merchants  in  said  city,  on  the  streets  or  elsewhere,  away  from  «reet  drum,- 
the  store  of  any  such  merchant,  shall  be  required  to  register  as  street 
drummer,  and  pay  such  a  tax  for  carrying  on  said  business,  as  is  fixed 
in  the  annual  tax  ordinance;  provided,  that  this  ordinance  shall  not 
apply  to  representatives  of  wholesale  houses  in  this  city  soliciting  busi- 
ness from  or  selling  goods  to  other  registered  merchants. 

Sec.  1496.  Any  person  doing  business  as  above  stated,  and  f^^iliilg  penalty. 
to  register  and  pay  the  tax  above  required,  shall  be  arrested  by  any 
officer  or  member  of  the  police  force  and  taken  before  the  Recorder's 
Court,  and,  on  conviction,  shall  be  fined  not  to  exceed  one  hundred 
dollars,  or  be  imprisoned  not  to  exceed  thirty  days,  either  or  both,  in 
the  discretion  of  the  court,  and  execution  shall  be  issued  by  the  Clerk 
of  Council  for  said  tax,  which  shall  be  levied  and  collected  by  the 
Marshal  as  other  tax  fi.  fas. 

Sec.  1497.     No  person  shall  sell  any  fresh  or  green  meats  upon  thcsaie  of  meats 
streets  of  the  city  from  any  wagon  or  other  conveyance  without  first  """^  ^^^so^s. 
obtaining  a  license  from  the  Clerk  of  Council,  and  having  such  wtigon    ^""^ 
or  other  conveyance  duly  numbered  and  registered,  and  any  person  or 
persons  violating  this  ordinance  shall,  on  conviction,  be  fined  not  more 
than  one  hundred  dollars,  or  imprisoned  not  longer  than  thirty  days.' 

Sec.  1498.     Every  person  or  firm  engaged  in  the  sale  of  books, 

•'     ^  °    °  Book  agents  to 

maps,  charts,  or  mathematical  instruments  within  the  corporate  limits  pay  tax. 
of  this  city,  whether  they  shall  occupy  an  office,  or  sell  the  same  i^pon 
the  streets,  shall  be  required  to  register  his,  her,  or  their  business. 

Sec.  1499.     No  license  shall  be  issued  to  peddle,  groceries,  and  any  xo  license  is- 
person  so  peddling  as  aforesaid,  shall,  on  conviction  thereof  before  the  groceries. 

ilav    17     1886. 

Recorder's  Court,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  penalty.' 


See  annual  tax  rrdinance. 


360 


Part  III. — Ordinances. 


Pedddlins 
meat    from 
wagons — tag 
required. 

Dec.    20,    188( 

Penalty. 


Vendors  of  ic( 
etc. 


June  10,   1892 


Peddlers' 
censes. 


or  be  imprisoned  not  longer  than  thirty  days,  either  or  both,  in  the  dis- 
cretion of  the  court.' 

Sec.  3  500.  All  persons  peddling  meats  from  wagons  shall  be  re- 
quired to  obtain  a  tag  from  the  Clerk  of  Council,  at  actual  cost,  to  be 
placed  on  the  wagon,  and  any  failure  to  do  so,  or  to  exhibit  a  license 
on  demand,  shall  pay  a  fine  of  not  exceeding  fifty  dollars,  or  be  impris- 
oned not  longer  than  thirty  days,  either  or  both,  in  the  discretion  of  the 
Eecorder's  Court.' 

Sec.  1501.  All  vendors  of  ice,  meat,  vegetables,  fruits,  etc., 
,  through  the  streets  of  this  city  shall  provide  themselves  with  scales  or 
measures,  in  order  to  arrive  at  the  amount  of  the  articles  so  disposed 
of  by  such  vendor.  Any  person  or  persons  violating  the  provisions 
of  the  above  section  shall,  upon  conviction  before  the  Eecorder's  Court, 
pay  a  fine  not  exceeding  twenty-five  dollars,  or  serve  not  more  than 
thirty  days  upon  the  public  works  of  the  city,  either  or  both,  in  the  dis- 
cretion of  the  court. 

Sec.  1502.  The  matter  of  issuing  licenses  to  peddlers  to  carry  on 
the  business  of  peddling  in  the  City  of  Atlanta,  or  to  any  person  or 
persons  to  carry  on  fruit  stands  near  the  streets  or  sidewalks  in  said 
city,  shall  hereafter  be  one  for  the  action  and  decision  of  the  Mayor 
and  General  Council,  acting  upon  the  recommendation  of  the  Tax 
Committee,  to  which  committee  all  petitions  for  such  licenses  shall 
be  referred  for  consideration.  And  neither  the  Committee  on  Eelief 
nor  the  Mayor  shall  have,  or  exercise,  jurisdiction  to  grant  licenses 
to  peddlers  or  fruit  stands  as  aforesaid,  except  that  the  Mayor  shall 
have  the  right  of  approval  or  veto  of  such  licenses,  as  of  any  other 
action  of  the  General  Council;  provided,  the  Committee  on  Tax  may, 
in  proper  eases,  grant  permits  to  conduct  such  stand  or  such  peddling 
business,  to  be  and  remain  of  force  only  until  the  next  regular  meeting 
of  the  General  Council,  and  subject  to  the  action  of  such  General 
Council  on  the  petition  in  each  case.' 

Sec.  1503.  All  licenses  to  peddle  shall  be  paid  for  at  the  prices 
fixed  in  the  annual  tax  ordinance,  and  the  class  of  goods  to  be  sold  by 
each  peddler,  and  the  person  or  persons  to  whom  peddler's  license  shall 
be  issued,  shall  rest  in  the  discretion  of  the  Mayor  and  General  Coun- 
cil, acting  on  the  recommendation  of  the  Tax  Committee,  in  the  inter- 
est of  health,  peace  and  good  order,  and  the  proper  regulation  of  trade 
in  the  city ;  provided,  that  no  license  shall  issue  to  any  person  to  carry 
on  any  business  stand  on  the  streets  or  sidewalks  of  the  city,  or  to  ped- 
dle wares,  fruits,  candy,  popcorn  or  similar  articles  from  any  wagon 
or  cart  on  the  streets  or  sidewalks  in  the  city.  And  any  fruit  stand 
licensed  to  do  business  near  the  sidewalk  shall  take  and  hold  such 
license  subject  to  a  revocation  at  any  time  in  the  discretion  of  the 
Mayor  and  General  Council,  and  a  failure  to  keep  such  stands  in  a 


See  annual  tax  ordinance. 


Part  III. — Ordinances.  361 


cleanly  manner,  or  an}-  unnecessary  obstruction  of  the  streets  or  side- 
walks by  the  dealer  in  charge  of  such  stands,  or  the  customers  trading 
there,  shall  be  sufficient  cause  for  revocation  of  license  in  any  case.' 

Sec.  1504.     All  licenses  to  peddle  shall  be  issued  subject  to  the  Peddiers'  ii- 
power  hereby  expressly  reserved  by  the  Mayor  and  General  Council  to  ^evoked!"'^  ""* 
revoke  any  and  all  such  licenses  whenever  such  revocation  is,  in    the 
judgment  of  said  Mayor  and  General  Council,  necessary  or  proper  as  a 
means  of  better  ])roni()ting  the  public  healtli,  peace  and  good  order  or 
proper  regulation  of  trade. 

Sec.  1505.  While  tlie  legal  right  of  the  producer  to  sell  the  pro- 
ducts of  his  own  farm,  dairy,  vineyard,  etc.,  is  distinctly  recognized,  sen  ilXvidlTaT 
it  shall  not  be  construed  so  as  to  authorize  traders  in  such  country 
produce,  other  than  the  producer,  to  peddle  on  or  sell  the  same  to  con- 
sumers in  the  City  of  Atlanta,  but  every  such  trader  must  have  a 
license,  which  may  be  granted  or  refused  by  the  Mayor  and  General 
■Council  in  its  discretion  as  herein  provided  for. 

Sec.  1506.  Any  person  carrying  on  any  business  stand  on  the 
streets  or  sidewalks,  or  carrying  on  a  fruit  stand  or  the  business  of 
peddling,  without  a  licen>e  or  permit  as  hereinbefore  provided  for, 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  or  im- 
prisonment not  exceeding  thirty  days,  either  or  both,  in  the  discretion 
of  the  Eecorder's  Court,  for  each  offense. 

Sec.  1507.  The  selling  or  offering  for  sale,  by  any  peddler  in  the 
City  of  Atlanta,  of  unsound  or  unwholesome  fruit,  meats,  eggs,  fish  or 
stale  or  rancid  butter,  shall  cause  the  person  so  offering  to  be  punished 
upon  conviction  thereof  in  Recorder's  Court  of  said  city,  by  a  fine  of 
not  exceeding  one  hundred  dollars  or  imprisonment  not  exceeding 
thirty  days,  and  a  forfeiture  of  the  license  of  such  peddler  shall  be 
"declared  upon  such  conviction. 

Sec.  1508.     It  shall  be  within  the  authority  and  duty  of  the  Chief  chiet  of  Police 
of  Police  to  designate  the  portions  of  streets  in  the  central  portions  of  Iradlrs^*^"^"^* 
the  city,  wherein  peddlers  and  other  street  traders  may  ply  their  voca- 
tions. 

Sec.   1509.     x'Vny  peddler  or  other  street  trader,  who  shall  ply  hi?] 
trade  at  any  other  places  than  those  designated  by  the  Chief  of  Police,  ^^"''^*^'- 
shall  be  punished,  on  conviction  before  the  Recorder's  Court,  by  fine    ^  '     ' 
of  not  exceeding  one  hundred  dollars,  or  imprisonment  not  to  exceed 
thirty  days. 

Sec.  1512.  No  person  or  persons  >5hall  be  permitted,  under  a  ped- 
dler's license,  or  any  other  license,  to  peddle  within  the  corporate  limits  fruits,  etc.. 

j>        ■  -I      •,  ,111-  n       ■  forbidden. 

of  said  City,  anv  vegetables,  berries,  melons  or  fruits,  except  such  as  are 
raised  by  such  peddler  or  peddlers. 

Sec.   1513.     Any  person  or  persons  violating  the  foregoing  ordi-june  e,  isst 
nance  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  before  the  Penalty. 

1   See  annual  tax  ordinance. 


362 


Part  III. — Ordinances. 


Recorder's  Court  of  said  city,  shall  be  fined  any  sum  not  to  exceed  one 
hundred  dollars,  or  put  to  work  on  the  public  streets  for  a  term  not  to 
exceed  thirty  days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1514.  Xo  license  shall  be  granted  to  any  firm  or  person  to 
sell  from  streets  or  pavements,  tents,  booths  or  stands  of  any  descrip- 
tion, not  being  a  regular  store-house,  any  patent  medicines  or  concoc- 
tions of  medicinal  properties,  or  other  articles  claimed  to  be  remedies 
for  physical  ills,  and  any  person  engaging  in  such  occupation,  shall, 
on  conviction  for  each  offense,  pay. a  fine  of  not  exceeding  five  hundred 
dollars,  or  be  imprisoned  at  labor  in  the  stockade  or  on  the  public 
streets  not  longer  than  thirty  days,  either  or  both,  in  the  discretion  of 
the  court;  provided,  that  nothing  contained  herein  shall  be  construed 
so  as  to  debar  any  bona  fde  resident  of  the  City  of  Atlanta  from  selling 
medicines  manufactured  and  prepared  for  sale  in  said  city  from  a 
tent,  when  a  license  therefor  has  been  granted  by  the  Mayor  and  Gen- 
eral Council;  provided,  further,  that  no  license  shall  be  granted  for  a 
longer  time  than  three  months;  and  provided,  further,  that  said  license 
fhall  be  issued  subject  only  to  the  right  of  the  Mayor  and  General 
Council  to  revoke  the  same  in  their  discretion  at  anv  time. 


Vending   of 
medicines, 
etc.,   on  streets 
prohibited. 

Nov.    19,   1888. 

See  Sec.  1488. 

Penalty. 


Medicine 
stands — license 
to  sell  medi- 
cines. 

April    5.    1S94. 


CHAPTER  XLIII. 


JCENSE   INSPECTOR "WARDEN ALMS. 


Section. 

1515.  Term,    salary    and   bond. 

1516.  Duties. 

1517.  Maj'  make  arrests   and   cases. 

1518.  Atlanta   Charitable   Associatio 


1519-1520-1521.  Beggars. 
1522.  Burial   of   paupers. 

1523-1524-1525.  Notice    of     death     of     paupers 
must  be  given. 


License   In- 
spector. 


Duty. 


Section  1515.  The  office  of  License  Inspector  of  said  city  is  here- 
by created,  with  a  term  of  two  years.  The  salary  of  said  Inspector 
shall  be  one  thousand  ($1,000.00)  dollars  per  year.  Said  Inspector 
shall  be  appointed  by  the  Mayor  and  confirmed  by  Council,  and  hold 
office  until  the  first  regular  meeting  in  July  next,  and  until  his  suc- 
cessor is  appointed  and  qualified,  unless  sooner  removed  by  the  Mayor 
and  General  Council  for  cause.  All  subsequent  appointments,  except 
to  fill  vacancies,  shall  be  for  a  term  of  two  years,  with  the  same  right 
of  removal  above  stated.  Said  Inspector  shall  give  bond  in  the  sum 
of  one  thousand  ($1,000.00)  dollars,  subject  to  the  approval  of  the 
Mayor,  conditioned  for  the  faithful  performance  of  his  duties.' 

Sec.  ]516.  It  shall  be  the  duty  of  said  Inspector  to  examine  into 
all  licenses  granted  by  the  city,  to  deliver  all  notices  of  expiration  of 
same,  to  perform  all  other  duties  rec[uired  of  him  bv  the  Tax  Commit- 
tee.    Also  to  have  charge  of  the  transportation  and  burial  of  paupers, 

1    Salary  fi.xed  before  each  biennial   election. 


Part  III. — Ordinances.  363 


and  similar  duties  with  which  the  Relief  Committee  may  entrust  him, 
and  under  the  direction  and  control  of  said  Relief  Committee.     Said 
Inspector  shall  also  deliver  the  notices  of  water  bills  for  the  Water-  ^!ater''bim!' 
works  Department,  if  so  instructed  by  the  Mayor  and  General  Council. 

Sec.  1517.     Said  Inspector  shall  be  vested  with  power  to  prefer  May  anest  an.i 
charges,  and  make  arrest  of  parties  violating  the  law  of  the  city,  and""^  ^  ^^^^^'  _ 
shall  take  the  oath  required  of  special  policemen,  and  have  the  right  ^^  ^"' 
to  wear  the  badge  of  same. 

Sec.  1518.     Until  further  order  of  the  Mayor  and  General  Council, 

'.  1    1        ji        XTT       1  i-    •      General    relief 

no  further  general  relief  shall  be  dispensed  by  the  Warden  except  into  be  by  At- 

,,,^..        ,,„,-,.,     lanta   Charita- 

co-operation  with  and  on  approval  ot  the  Superintendent  ot  the  At- bie  Associa- 
lanta  Charitable  Association,  but  this  is  not  to  interfere  with  the  work  '°  .' 

'  Duties  of 

of  said  Warden  in  the  burial  of  paupers  or  the  furnishing  of  trans-  ^^^^'^g^J'^P.^I^'i. 
portation  in  proper  cases,  nor  with  the  payment  of  the  regular  appro-  cense  inspect- 
priation  made  by  the  city  to  the  support  of  the  hospitals,  homes,  etCj^^^^^^  ^^^^ 
as  heretofore  provided  for. 

Sec.  1519.     It  shall  be  unlawful  for  any  person  habitually  to  ask,  ^^  ^^^^ 
beg  or  solicit  alms  in  the  City  of  Atlanta  from  any  person  whatever, 
except  as  hereinafter  provided. 

Sec.  1520.  It  shall  be  the  duty  of  every  person  who  may  be  or  who 
may  think  they  are  worthy  objects  of  charity  to  make  application  to  the 
Atlanta  Charitable  Association  for  relief,  where  it  can  be  ascertained 
if  they  are  worthy  and  their  necessities  be  relieved. 

Sec.  1521.  Any  person  who  shall  solicit  or  receive  alms  in  any 
form  whatsoever  from  any  person  whomsoever  in  said  city,  except  as  ^^n^'^y- 
provided  in  this  ordinance,  shall  be  fined  by  the  Recorder's  Court  not 
less  than  one  nor  more  than  twenty-five  dollars,  or  imprisoned  not  less 
than  one  nor  more  than  thirty  days,  either  or  both,  in  the  discretion 
of  the  court. 

Sec.  ]  523.     It  shall  be  the  duty  of  the  head  of  the  family  in  which  Burials  by  city. 
any  death  shall  occur,  in  cases  where  the  burial  is  to  be  at  the  expense  pauper  deaths 
of  the  city,  in  whole  or  in  part,  to  report  the  fact  of  such  death  and  of  tl  Jcen^se'^  ^ 
the  place  at  which  it  happened  to  the  Warden  of  the  City  of  Atlanta  performs  duty 

-,     ■  -,  V    ,  n,         ,^  i>  1      T      i.1  of  Warden  in 

withm  twelve  (12)  hours  alter  the  occurrence  oi  such  death.  such  cases. 

Sec.  1523.  In  case  of  the  death  of  any  person  whose  burial  is  likely 
to  be  chargeable  to  the  City  of  Atlanta,  at  any  hospital,  infirmary  or 
similar  place,  or  at  any  hotel  or  public  boarding-house,  it  shall  be  the 
duty  of  the  superintendent  or  principal  otlicer  in  charge  of  such  insti- 
tution, or  of  the  keeper  of  such  hotel  or  boarding-house,  to  report  the 
fact  of  such  death  to  the  City  Warden  within  twelve  hours. 

Sec.  1524.  Any  person  violating  the  provisions  of  either  of  the 
two  last  foregoing  sections  shall  be  punished,  on  conviction  in  the  Re- 
corder's Court,  by  fine  not  exceeding  one  hundred  dollars,  or  impris- 
onment not  exceeding  thirty  days,  either  or  both,  in  the  discretion  of 
the  court. 


364 


Part  III. — Ordin^ances. 


CHAPTER  XLIY. 

LIQUOR  TRAFFIC. 


Section. 

1526.  AppLcants  for  license — how  advertise. 

1527.  Retail    license — price    of — also    of    retail 
beer  license. 

1528.  Applications   for   wholesale   licenses,    not 
outside  retail  limits. 

1.529.  Wholesale,    from  quart  upwards. 

1530.  Wholesalers  open  and  close  as  retailers. 

1531.  Liquors  not  sold  with   drugs. 

1532.  Penalty. 

1538.  Wholesalers  pay   $200.00. 

1534.  Repeals    conflicting    ordinances. 

1535.  Penalty  for  sale  without   license. 

1536.  Licenses  revocable. 

1537.  Keeping-  for  unlawful  sale. 

1538.  AVholesalers  close  on  holidays,  except  as 
to   country  trade. 

1539.  Retail   liquor  limits. 

1540.  Separate    beer   license    not     granted     in 
retail   limits. 

1541.  Only  persons  of  good  character  licensed. 

1542.  Screens,    etc.,    forbidden. 

1543.  On   level   with  street. 

1544.  Gaming  apparatus,   etc.,   not   allowed  in 


1.545.  Loitering   in   saloons   forbidden. 

1546.  Hours  of  opening  and  closing  saloons 

1547.  Closed    on   certain   days. 


Section. 

1548.  Oath  of  applicants. 

1549.  No  selling  without   license. 

1550.  Sign   of  retailer. 
1.551.  OfRcers   admitted. 

1552.  Penalty. 

1553.  Conviction   forfeits   license. 

1.554.  Application   for   license — how   made. 
15.55.  License  revoked  for  violation  of  law 

1556.  Regulations  as  to  transfer. 

1557.  To    whom   license   not    issue. 

1558.  Not  keep  on  hand  for  unlawful  sale. 

1559.  Empty   beer   kegs   on    sidewalks. 

1560.  Retail  license  at  Piedmont  Park. 

1561.  Retail   of  beer,    etc. 

1562.  Forfeiture  of  license. 

1563.  Minors   not    allowed    in   saloons. 
1.564.  Punishment  of  minors. 

1565.  Sign  as  to  minors. 

1566.  Sale   of   alcohol. 

1567.  Liquors  not  sold  by  measure  for  use   on 
premises. 

1568.  Penalty. 

1569.  Transfer  of  license. 

1570.  No  lunch  to  be  served. 

1571.  Liquors    not    to    be    sold    in    connection 
with   other   business. 

1572.  Penalty. 


Section  1526.  Each  applicant  for  license  to  sell  spirituous  or 
Applications  ^^^^^^  liquors,  or  wines,  and  each  applicant  for  street  railway  or  other 
cens"Tnd  c^lr-  railroad,  or  telephone  or  telegraph  franchise,  within  the  Citiy  of  At- 


must   be 
tised. 


April 


Retail  liquors, 
$1,000.00. 


Malt   liquors, 
$250.00. 


lanta,  shall  before  such  application  is  made  to  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  give  notice  of  the  purpose  to  make 
such  application,  by  advertisement  at  least  five  times  on  different  days 
in  a  daily  paper  published  in  the  City  of  Atlanta,  and  having  a  gen- 
eral circulation  among  the  citizens  of  said  city,  which  notice  shall  con- 
tain a  particular  description  of  the  location  of  the  proposed  liquor 
business,  or  of  the  lines  or  routes  of  the  street  franchises  wanted,  as 
the  case  may  be. 

Sec.  1527.  The  price  of  each  license  to  retail  spirituous  or  spirituous 
and  malt  liquors,  shall  be  at  the  rate  of  one  thousand  dollars  per  annum, 
and  the  Clerk's  fee  of  fifty  cents,  which  in  each  case  may  be  paid  quar- 
terly in  advance,  and  the  holder  of  such  retail  license  shall  be  privi- 
leged to  sell  spirituous, or  spirituous  and  malt  liquors,  not  only  in  quan- 
tities less  than  one  quart,  but  also  in  such  larger  quantities,  as  pur- 
chasers for  consumption  may  desire.  The  price  of  each  license  to  retail 
lager  beer  and  malt  liquors  only  shall  be  at  the  rate  of  two  hundred 
and  fifty  dollars  per  annum,  and  Clerk's  fee  of  fifty  cents,  payable 
quarterly  in  advance.' 

1   See  annual  ta.x  ordinance. 


Part  HI. — Ordinances.  365 


Sec.  1528.     All  persons,  firms,  corporations  or  companies  desiring  ^pp^j^^^j^^  ^^ 
to  engage  in  the  sale  of  spirituo;is  or  malt  liquors  at  wholesale  in  said  ^f^j'^^^^jf^  ^^^ 
city  shall  make  written  application  to  the  Mayor  and  General  Council  ^^^"^^^^  *^°""- 
for  such  privilege,  and  the  said  Mayor  and  General  Council  may,  in  section  1539 
their  discretion,  grant  or  refuse  such  privilege  upon  each  application  f^uor  H^its. 
made;  provided,  that  no  such  privilege  shall  be  granted  to  carry  on 
such  business  at  any  place  in  said  city  outside  of  the  limits  prescribed 
for  tiie  retail  of  ardent  spirits;  and  provided,  also,  that  no  wholesale 
liquor  license  shall^  be  granted  except  to  persons,  firms  or  corporations 
bona  fide  engaged  or  intending   to   engage   in  the   wholesale  trade  in 
liquors. 

Sec.  1529.     From  and  after  the  31st  day  of  March,  1898,  it  shall 
be  unlawful  for  any  person,  firm  or  corporation  dealing  in  spirituous  cr/sef/k^^ 
or  malt  liquors,  otherwise  than  under  retail  license  granted  by    the  a  "commercial 
]\Iayor   and    General    Council  of   the    City   of    Atlanta,  to  sell    such  ^"'''^ ' 
liquors  in  less  quantities  than  one  quart,  what  are  known  to  the  trade 
as  commercial  quarts  being  reckoned  as  quarts  within  the  meaning  of 
this  ordinance,  nor  shall  it  be  lawful  for  such  dealers  when  selling 
goods  by  the  quart  or  upwards  to  permit  the  same  to  be  used  on   the 
premises  where  sold,  or  kept  by  the  purchaser  in  the  store  of  the  dealer 
for  such  consumption. 

Sec.  1530.     Dealers  in  liquors  at  wholesale  shall  conform  to  the  ^yij^igsaigrs 
regulations  for  opening  and  closing  saloons  prescribed  by  existing  ^^^^^J^^^ig^jf^j.^, 
ordinances,  and  such  as  may  be  hereafter  made,  and  shall  also  conform  q^^'//!  to'^do^o 
to  the  laws  and  ordinances  preventing  the  sale  or  furnishing  of  liquors 
on  election  days,  Christmas  days,   Sundays,  and  other  holidays  on 
which  retail  saloons  are  required  to  be  closed. 

Sec.   1531.     It  shall  be  unlawful  to  sell  liquors  at  wholesale  or  re- 
tail in  connection  with  drugs  or  in  drug  stores;  provided,  that  the ^gii^]^^"connec- 
compounding  of  liquors  with  drugs  as  part  of  prescriptions,  bona  fide  ll^J^eZ"^^  ^^""^ 
made  by  reputable  ph3'sicians  in  the  treatment  of  disease,  shall  not 
constitute  a  violation  of  this  ordinance. 

Sec.  1532.  A  violation  of  any  of  the  provisions  of  the  preceding 
sections  of  this  chapter  shall  subject  the  offender,  upon  conviction  ^"'^  ^' 
thereof,  to  punishment  by  fine  not  exceeding  one  hundred  dollars,  or 
imprisonment  not  exceeding  thirty  days,  either  or  both,  in  the  discre- 
tion of  the  Recorder's  Court,  and  such  conviction  shall  work  a  for- 
feiture of  the  license  of  the  offender  or  dealer  in  whose  place  the 
offense  occurs. 

Sec.  1533.     The  current  tax  ordinance  is  herebv  amended  bv  strik- 

"  "  Wholesale  li- 

mg  out  the  figures  50.00,  when  they  occur  in  the  8th  line  of  the  divis-  cense,  $200.00. 
ion  under  the  letter  "L,"  on  page  twenty-four  of  said  ordinance,    as 
published,  and  inserting  in  lieu  thereof  the  figures  200.00,  so  that  said 
8th  line  when  amended  will  read  as  follows:     Liquors,  beer  or  wine, 
at  wholesale,  $200.00.    The  intent  of  this  amendment  being  to  fix  the 


366  Part  III. — Ordinances. 


registration  tax  on  wholesale  liquor  dealers  at  $200.00  per  annum  in- 
stead of  $50.00  per  annum." 

Sec.  153-4:.  All  ordinances  and  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  be,  and  they  are,  hereby  repealed, 
but  the  ordinance  shall  not  be  construed  to  repeal  any  of  the  restric- 
tions heretofore  thrown  around  the  liquor  traffic  by  existing  ordi- 
nances. 

Sec.  1535.     Any  person,  firm,  corporation,  or  company,  who  shall 
sell  or  offer  for  sale  at  wholesale,  any  spirituous  or  malt  liquors,  with- 
out* ifcense!'"^  out  having  first  complied  with  all  the  provisions  of  this  ordinance, 
Dec.  9,  J 887.   shall,  on  convictiou  thereof,  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  imprisoned  not  exceeding  thirty  days,  or  both,  in 
the  discretion  of  the  court. 

Sec  1536.  Every  license  under  this  ordinance  shall  issue  for  one 
year,  or  for  the  balance  of  the  fiscal  year,  so  as  to  expire  on  the  30th 
^icense  levoca-  ^^^  ^^  ^^^  following  Junc,  but  may  be  paid  for  quarterly  in  advance, 
Dec.  9,  1887.  but  may  be  revoked  by  the  Mayor  and  General  Council  at  any  time 
upon  refunding  the  applicant  the  pro-rata  amount  for  the  unused  time, 
and  no  license  is  transferable  except  by  consent  of  Mayor  and  General 
Council.  Such  license  shall  protect  but  one  place,  and  that  the  place 
specified  in  the  license. 

Sec.  1537.  Any  person,  firm  or  corporation  who  shall  keep  for  un- 
„     .  lawful  sale  in  anv  store,  house,  room,  office,  cellar,  stand,  booth,  stall, 

Keeping  on  ^  >  ^  ^ 

hand  for  unlaw-  qj.  other  placc,  OP  shall  have  contained  for  unlawful  sale  in  any  barrel, 

ful  sale.  ^  ' 

June  21  1886  ^'^^t^'  '^^^'  dcmijohn  or  other  package,  any  spirituous,  fermented,  or 
malt  liquors  for  such  sale,  shall,  on  conviction,  be  punished  by  fine 
not  exceding  five  hundred  dollars,  or  imprisonment  not  exceeding 
thirty  days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1538.  All  laws  relating  to  the  closing  of  retail  beer  and  liquor 
whSle^ii-  saloons  on  holidays  are  applicable  alike  to  wholesale  houses,  except 
holidays"'^'  °"  where  it  is  strictly  shipping  to  parties  outside  of  Fulton  county.  The 
Approved  Oct.  ^^mc  penalty  that  operates  against  retail  dealers  for  a  violation  of  the 
22,  189*.  liquor  laws  apply  in  violation  of  this  section. 

Sec.  1539.  The  Mayor  and  General  Council  may,  in  their  discre- 
tion, grant  or  refuse  license  to  sell,  at  retail,  spirituous  or  malt  liquors, 
'Ss.  ^''^"°'  on  the  business  portion  of  the  following  streets,  between  the  points 
named  on  each  application  made,  to-wit :  On  Whitehall  street,  from 
the  railroad  at  Peachtree  street  to  Peters  street ;  on  Peachtree  street. 
from  the  railroad  at  Whitehall  street  to  Luckie  street;  on  Marietta 
street,  from  Peachtree  street  to  Foundry  street;  on  Decatur  street, 
from  Marietta  street  to  Butler  street ;  on  Broad  street,  from  Mitchell 
street  to  Luckie  street;  on  Mitchell  street,  from  Forsyth  street  to 
Whitehall  street;  on  Hunter  street,  from  Forsyth  street  to  Pryor 
street ;  on  Alabama  street,  from  Forsyth  street  to  Loyd  street ;  on  Pryor 


See  annual  tax  ordinance. 


Part  III. — Ordinances.  367 


street,  from  Exchange  Place  to  Hunter  street ;  on  Wall  street,  from 
Peachtree  street  to  Loyd  street;  on  Loyd  street,  from  Decatur  street 
to  Alabama  street;  on  Forsyth  street,  from  Alabama  street  to  Walton 
street;  on  Peters  street,  from  the  Central  Railroad  to  Fair  street. 

Sec.  1540.  Within  the  limits  above  provided,  on  the  streets  above  ^o  separate 
named,  no  separate  license  for  the  sale  of  lager  beer  or  malt  liquors  shall  above'TimUs. '" 
be  issued.  Outside  of  the  above  limits  on  business  j)ortions  of  business 
streets  within  practicable  and  efficient  police  supervisions,  and  in  locali- 
ties where  there  is  no  reasonable  objection  thereto,  licenses  may  be  is- 
sued for  the  retail  of  lager  beer  and  malt  liquors  only.  Should  any  deal- 
er licensed  to  sell  lager  beer  and  malt  liquors  only,  by  himself  or  agent, 
have,  or  keep  on  hand,  or  sell,  furnish,  or  offer  to  sell,  or  furnish  to  any  ifc^nse!^  where 


persons  any  spirituous  liquors,  his  license  shall  thereupon  and  thereby  llled. "" 
be  forfeited,  and  such  person  so  offending  shall,  on  conviction  thereof, 
be  fined  not  exceeding  five  hundred  dollars  and  imprisoned  thirty  days. 
The  sentence,  on  conviction,  shall  include  imprisonment  and  shall  not 
be  less  than  thirty  days, and  in  any  such  case  neither  the  flavor,  nor  the 
Mayor  and  General  Council,  shall  have  any  power  or  authority  to 
reduce  or  relieve  the  sentence  by  revision,  pardon  or  otherwise;  and 
such  person  shall  not  thereafter  be  entrusted  with  any  license  to  sell 
spirits  or  malt  liquors.     Any  agent  of  anv  such  licensed  dealer  in  malt 

'  Penalty  for 

liquors  who  shall  violate  the  foregoing  provisions  shall  be  subject  to  hoWer  of  beer 

license  who 

the  penalties  and  disqualifications  hereinabove  provided.     All  licenses  seiis  spirituous 

,  .  ^  '■  liquor  or  keeps 

lor  the  retail  of  lager  beer  and  malt  liquors  shall  issue  subject  to  the  't  on  hand, 
right  and  purpose  of  the  city  by  its  police  officers  and  policemen,  and 
special  agents  and  inspectors  at  any  and  all  times  to  inspect  the  con- 
duct of  the  business  of  any  such  licensed  dealer  and  agents,  as  also  the 
character  of  the  stock  kept  by  any  such  dealer. 

Sec.  1541.     No  license  to  retail,  as  aforesaid,  shall  issue  to  any  per-  ^.^.^^^^  ^^^^^^^ 
son  other  than  of  good  character,  sobriety  and  discretion,  and  regard  ^°  '''''""'■ 
to  this  shall  be  had  on,  and  as  to,  each  application  made. 

Sec.  1542.     No  place  for  which  a  license  to  retail  as  aforesaid  shall 
issue,  shall  have  any  screen,  blinds  or  painted  glass  or  other  obstruc- 


No    screens, 
blinds   or 

tion  of  the  view  through  the  doors  and  windows  thereof.     License  shall  vteTetT'  '"^ 
not  issue  for  any  place  which  does  not  front  on,  or  have  the  main  en- 
trance thereto,  directly  from  a  public  street,  but  this  requirement  shall 
not  apply  to  hotels  where  the  bar  is  so  situated  as  to  be  open  to  the  view 
generally  of  persons  stopping  at  said  hotels. 

Sec.  1543.     No  license  shall  issue  for  any  place  not  substantially  Places  must  be 
on  a  level  with  a  public  street,   except   that   the  Mayor  and  General  leveVwhh ' 
Council  may,  in  their  discretion,  grant  or  refuse  license  to  retail  in^J^tg  ^ase- 
basements  sufficiently  open  to  view.  ments. 

Sec.  1544.  No  gaming  table,  gaming  device  or  apparatus,  shall  no  gaming  or 
be  kept  or  used  at  any  place  for  which  license  is  granted,  nor  shall  any  ffioii"d  at  an% 
game  by  cards,  ten-pins,  or  music,  or  otherwise,  be  played  at  any  such''^*^^    "^*"**^  ' 


368 


Part  III. — Ordinances. 


ISO  loitering:  of  ci„p  -i  -  . - 
drunken  or  dis-  ^^C.  Io40. 
orderly   per- 


Hours  of 
opening  and 
closing. 


Close    on   cer- 
tain  days. 

Also    close   on 
all    election 
days   under 
State  law. 

Dec.    17,    1888. 


Oath  of  appli 
cants  for  retai 
liquor   license. 


place  for  ainiisemeut,  exercise,  or  for  anything  of  value,  nor  shall  any 
pools  be  sold,  providing  the  keeping  of  billiard  and  pool  tables  and 
playing  thereon  for  exercise  or  amusement  only,  shall  not  be  prohil)ited 
in  hotels  when  the  same  are  in  a  different  room  from  the  bar. 

ISTo  person  to    whom   a   license  is    issued  shall  permit 
drunken  or  disorderly  persons  to  assemble  or  loiter  therein. 

Sec.  1546.  No  place  for  which  a  license  is  granted  shall  be  kept 
open  later  than  ten  o'clock  p.  m.,  or  ojiened  earlier  than  five  o'clock 
a.  ni. 

Sec.  1547.  'No  person  licensed  to  sell  spirituous  or  malt  liquors 
in  said  city,  shall  keep  open  his  place  or  sell  or  furnish  liquors  on  the 
Sabbath,  Fourth  of  July,  or  Christmas  day,  or  on  occasions  when,  in 
the  judgment  of  the  Mayor  and  Police  Commissioners,  the  conserving 
of  the  peace  and  order  of  the  city  requires  closing,  and  they  first  notify 
such  dealer  to  close. 

Sec.  1548.  All  persons  to  whom  licenses  shall  issue  shall  take- the 
oaths  required  by  law,  and  any  person  hereafter  applying  for  the  grant- 
ing of  retail  liquor  or  beer  license,  or  the  removal  or  tranfer  of  such 
license,  shall  be  required,  in  connection  with  such  application,  to  take, 
subscribe,  and  file  an  affidavit  stating  that  the  applicant  has  not  been 
convicted  of  violating  the  State  laws  regulating  the  liquor  traffic,  or 
the  city  ordinances  which  provide  for  granting  of  retail  liquor  and 
beer  licenses  and  prescribes  for  the  conduct  of  licensed  saloons,  and 
further  stating  that  no  indictment  or  accusation  is  pending  against 
him  in  the  State  court,  or  any  Eecorder's  Court,  charging  such  viola- 
tion. Any  person  falsely  swearing  to  the  affidavit  required  by  this 
section,  shall  be  prosecuted  by  the  Chief  of  Police  in  the  Superior 
Court  of  Fulton  county. 

Sec.  1549.  Xo  person  shall,  in  said  city,  retail  or  sell  in  quantities 
less  than  one  quart,  any  spirituous  or  malt  liquors  without  having  ob- 
tained license  therefor,  paid  the  required  price,  given  the  bond  and 
taken  the  oath  provided  by  law  and  ordinance. 

Sec.  1550.  Licensed  retailers  (hotels  excepted)  shall,  within  five 
days  after  obtaining  license,  affix  a  sign  board  near  to,  or  over  his  door, 
on  which  shall  be  printed  in  plain  words,  "Licensed  retailer  of  spiritu- 
ous liquors." 

Sec.  1551.     It  shall  be  the  duty  of  each  and  every  licensed  retailer 
Officers  to  be  of  spirituous  liquors  to  admit  the  Mayor  or  any  member  of  the  Gen- 
^  ^^  ^  ■         gral  Council,  Police  Commissioner,  or  any  police  officer  or  policeman, 
into  his  or  her  premises  at  any  time  when  such  permission  may  be  de- 
manded. 

Sec.  1553.  Any  person  violating  any  of  the  foregoing  provisions 
of  this  ordinance  shall,  for  each  offense  on  conviction  thereof,  be  fined 
not  exceeding  five  hundred  dollars,  or  imprisonment  thirty  days,  either 
or  both,  in  the  discretion  of  the  court. 


Penalty. 


No  selling 
without  li 
cense. 


Sign  of  retailer 


Penalty. 


I 


Part  III. — Ordinances.  369 


.Sec.  1553.  The  conviction  in  a  State  court  of  any  person  licensed  Conviction 
to  retail  s])iritnous  or  malt  liquors  for  the  violation  of  tlu'  Stati;^;^'';^^ /P^^'^,;, 
statutes  in  relation  to  tlie  sales  oi'  ardent  spirits  to  a  minor  or  jx'rson 
already  intoxicated;  or  the  conviction  of  a  retailer  before  the  Record- 
er's Court  for  the  violation  of  any  of  the  provisions  of  this  ordinance, 
shall  worlv  an  immediate  revocation  of  the  license  of  such  person,  and 
for  any  further  exercise  of  the  privilege  granted  by  such  license,  he 
shall  be  punished  as  one  retailing  without  license.^ 

Sec.  1554.  Each  person  applying  for  license  to  retail  as  aforesaid  Appiicati.,n  for 
shall,  at  the  time  of  application,  deposit  with  the  Clerk  a  written  de-madT' 
script  ion  of  the  place  where  he  desires  to  carry  on  the  business,  and  a 
(-(■rtitieate  of  two,  one  of  whom  must  be  an  adjoining  neighbor,  or  more 
of  his  sober,  respectable,  near  neighbors,  not  interested  in  the  applica- 
tion, recommending  the  applicant  as  fit  to  be  trusted  with  such  license; 
and  shall  also  present  the  written  consent  of  the  owner  or  agent  of  the 
premises  in  which  he  desires  to  carry  on  the  business.  The  applicant 
shall  also  tender  a  bond,  with  good  security,  in  the  sum  of  one  thou- 
sand dollars  for  the  keeping  of  a  decent  and  orderly  house,  and  for  given, 
compliance  with  all  laws  of  the  State  of  Georgia  and  said  city  relat- 
ing to  the  liquor  traffic  and  the  regulation  thereof.  In  case  of  any  and 
each  breach  of  the  condition  of  said  bond  the  amount  thereof  shall 
be  liquidated  damages  and  recoverable  in  action  in  favor  of  said  city 
for  the  same.  In  case  the  Mayor  and  General  Council  shall  direct 
suit,  and  by  resolution,  or  vote,  declare  a  breach  of  any  bond  to  have 
occurred,  said  body  may  also  declare  the  license  of  the  party  forfeited 
and  revoked.  Each  bond  tendered  shall  have  at  least  two  names  as 
securities  thereon.  The  securities  shall  also  justify  as  to  their  solvency 
to  the  amount  of  bond  over  and  above  debts  and  liabilities,  and  home- 
stead and  exemption  laws.  When  the  application  is  made  and  bond 
tendered,  as  above  provided,  the  same  shall  be  referred  to  the  com- 
mittee on  police,  who  shall  personally  examine  the  location  and  sur- 
roundings of  the  place  for  which  license  is  applied,  notify,  or  have  noti- 
fied, adjacent  tenants  or  owners,  or  agents  of  owners,  and  also  the 
owner,  tenant,  or  agent  of  the  owner  of  the  place,  or  building,  for 
which  license  is  applied,  as  may  be  practicable,  of  the  pending  of  such 
application  and  report  thereon,  at  the  next  regular  meeting  of  Mayor 
and  General  Council,  or  as  early  thereafter  as  practicable. 

Sec.  1555.     The  price  of  license  to  retail,  the  time    it    mav    last. 


.June   10,   1898. 
License    re- 
voked for  vio- 
law. 


and  the  amount  of  bond,  may  be  fixed  or  changed  at  any  time,  provided 
no  vested  rights  are    impaired    by   such    change;    otherwise  all  such  ia°tion  of' 
license  shall  expire  on  June  30th,  following  the  date  of  same,  but  may 
be  revoked  at  any  time  by  the  Mayor  and  General  Council  for  the  vio- 
lation of  any  of  the  provisions  of  this  ordinance,  any  other  ordinances 

1   See  Oeneral  Laws. 
{24) 


370 


Part  III. — Ordinances. 


License — reg- 
ulations as  tc 
transfer. 


To   whom   li- 
cense shall   not 
issue. 


Not   keep   li- 
quors  on   hand 
for  unlawful 
sale. 

Dec.    13,    1887. 


of  the  city,  or  laws  of  the  State,  relating  to  the  retail  liquor  traffic  and 
regulation  of  the  same. 

Sec.  1556.  No  license  is  transferahle,  except  hv  consent  of  the 
Ma3^or  and  General  Council,  as  regard  shall  be  had  to  the  person  to 
be  entrusted  with  such  license.  No  license  shall  protect  more  than 
one  place,  and  that  the  place  described  therein,  and  no  liquors  shall  be 
retailable  in  the  streets  of  said  city. 

Sec.  1557.  Xo  license  to  retail  shall  issue  to  any  person  who  shall 
liereafter  sell  liquors  by  the  gallon  in  said  city  under  wholesale  license, 
where  the  purpose  of  said  person  shall  be  to  supply  other  than  licensed 
dealers  with  liquors,  and  where  the  amount  and  extent  of  the  stock 
kept  by  such  persons  are  less  than  requisite  for  the  carrying  on,  in 
good  faith,  the  wholesale  trade.  Kor  shall  retail  license  issue  to  any 
person  who  shall  hereafter,  in  said  city,  sell  liquors  by  the  gallon  with 
the  knowledge  that  persons  acting  together  in  purchasing  the  same 
will  immediately  divide,  or  have  the  dealer  selling  the  same  divide  it 
for  immediate  consumption  or  carrying  away. 

Sec.  1558.  Any  person  who  shall  keep  on  hand  for  unlawful  sale 
by  the  quart,  any  liquors  kept  ostensibly  for  sale  at  wholesale  by  the 
gallon,  or  shall  permit  the  division  of  the  same  by  purchasers,-  or  others 
in  his  presence,  or  shall  retail  the  same,  shall  be  debarred  of  a  whole- 
sale or  retail  license  hereafter,  and  in  addition,  shall,  on  conviction  of 
either  offense  named  in  this  and  the  preceding  section,  l)e  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  thirty  days,  either  or 
both,  in  the  discretion  of  the  court. 

Sec.  1559.  It  shall  be  unlawful  for  empty  beer  kegs  to  remain  on 
the  sidewalks  or  streets  of  Atlanta  longer  than  twenty-four  hours  after 
being  placed  there ;  and  all  breweries  or  their  agents,  doing  business  in 
said  city,  are  required  to  make  daily  collections  of  empty  kegs,  and  any 
brewery  or  agent  violating  the  provisions  of  this  ordinance  shall,  upon 
conviction  before  tlie  Recorder,  be  fined  not  less  than  five  dollars  and 
costs  for  each  offense. 

Sec.  1560.  On  compliance  with  all  laws  and  ordinances  of  the  city 
with  reference  to  obtaining  license  to  retail  liquor,  and  the  deposit  of 
ten  dollars  per  day,  and  Clerk's  fee  for  the  time  applied  for,  accompa- 
nied by  the  written  consent  of  the  authorities  of  the  Gentlemen's 
Driving  Club,  or  the  Piedmont  Exposition  Company,  the  Clerk  of 
Council  is  authorized  to  issue  license  to  retail  malt  and  spirituous 
liquors  on  the  grounds  of  the  Piedmont -Exposition  Company,  or  Gen- 
tlemen's Driving  Club;  provided,  that  the  hours  of  closing  shall  be 
ten  o'clock  p.  m.,  and  of  opening  seven  o'clock  a.  m.,  and  the  person  or 
persons  receiving  such  license  shall  be  subject  to  all  laws  and  ordi- 
nances regulating  the  retail  liquor  traffic.  Such  license  shall  be  sub- 
ject to  forfeiture  at  any  time  on  the  request  of  either  the  Piedmont 
Exposition  Company,  or  Gentlemen's  Driving    Club,    or    authorities 


Empty    beer 
kegs   on   side- 
walks. 

Regulations    ai 
to. 

Nov.    19,   1888. 


Retail    liquor 
license   at 
Piedmont 
Park. 

April    16,    1888. 


Part  III. — Ordinances.  371 


thereof,  and  licenses  are  also  taken  subject  to  this  provision  for  for- 
feiture. 

Sec.  1561.     All  the  provisions  of  the  ordinance  aforesaid,  of  the  provigjong  ap. 
retail  liquor  ordinance,  relating  to  application,  bond,  license,  regula- Pgng^J'^o/retaii 
tion,  selling  without  license,  penalties,  forfeiture  of  license,  etc.,  etc.,°^  ^^^''' 
in  case  of  retail  of  spirituous,  or  malt  and  spirituous  liquors,  shall 
apply  to  the  retail  of  lager  beer  and  malt  liquors,  except  as  otherwise 
herein  provided. 

Sec.   1562.     The  Mayor  and   General  Council    shall    forfeit    the  Forfeiture  of 
license  of  any  retailer  of  either  spirituous  or  lager  beer,  or  malt  liquors, 
whose  place  becomes  a  nuisance  or  of  ill  repute,  by  disorder  thereat,  or 
otherwise. 

Sec.  1563.     It  shall  be  unlawful  for  any  minor  to  go  into  any  place 
where  spirituous  or  malt  liquors  are  kept  for  retail,  unless  by  written  lovyed  in  re- 
consent  of  parent  or  guardian,  and  any  minor  violating  the  provisions  places, 
of  this  ordinance  shall,  on  conviction  before  the  Recorder,  pay  a  fine  Mar.  4,  issy. 
of  not  less  than  five  dollars,  or  work  on  the  public  works  not  less  than 
five  days. 

Sec.  1564.     Any  person  under  twenty-one  years  of  age  who  shall,  p^,j,jg,^^pjjj  ^,f 
under  false  representation  as  to  age,  buy  or  allow  to  be  bought  for  him,  minors. 
other  than  by  parent  or  guardian,  any  liquors,  malt  or  spirituous,  in 
any  retail  saloon  of  this  city,  shall,  upon  conviction  before  the  Re- 
corder, pay  a  fine  of  not  less  than  twenty-five  dollars,  or  serve  not  less 
than  twenty-five  days  on  the  public  works. 

Sec.  1565.     All  places  licensed  to  retail  spirituous  or  malt  liquors  ^^^  ^^  to 
shall  have  posted  in  conspicuous  places  about  their  place  of  business,  '"'"°''^- 
*'No  minors  allowed  in  here,"  and  the  same  shall  be  considered  suffi- 
cient notice. 

Sec.  1566.     When  any  person  applies  to  any  druggist  or  other  law- 
ful dealer  for  the  purchase  of  alcohol,  and  shall  state  that  it  is  bought  ^^  ° 
for  mechanical,  medicinal  or  chemical  purposes,  the  statement  or  as    ""^    ' 
surance  of  said  purchaser  as  to  the  use  intended  shall  be  a  complete 
protection  for  such  druggist  or  other  lawful  dealers  in  alcohol,  from 
any  prosecution  under  any  city  ordinance. 

Sec.  1567.     It  shall  be  unlawful  for  any  retail  dealer  in  spirituous 

, ,    , .  .  ...  1,1.  •         1        ^  Retailers    must 

and  malt  liquors,  or  m  spirituous  or  malt  liquors,  m  the  City  of  At-  not  seii  in 
lanta,  to  sell  any  of  such  liquors  by  the  quart,  pint,  half -pint,  gill  or  used  on  the 

i-o  premises,    ex- 

other  measure,  to  be  used  or  drank  m  the  premises  where  sold.     This  cept  bottled 

beer. 

shall  not  apply  to  bottled  beer. 

Sec.  1568.  Any  person  convicted  before  the  Recorder's  Court  of 
said  city  for  a  violation  of  the  foregoing  section,  shall  be  punished  by 
fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceed- 
ing thirty  days,  either  or  both  of  these  punishments,  in  the  discretion 
of  the  court,  for  each  offense. 

Sec.  1569.     Any  person  who  shall  begin  business  as  transferee   of 


372  Part  III. — Ordinances. 


Transfer  of       ^^^®  liceiisG  of  aiiotlier  withovit  first  advertising,  filing  liis  petition  and 
license.  obtaining  the  consent  of  the  Mayor  and  General  Council,  as  now  re- 

quired b}^  law  regulating  the  issuance  of  retail  liquor  license,  shall  be 
held  and  considered  as  carrying  on  said  business  without  a  license. 
Any  person  convicted  of  a  violation  of  this  section  shall  be 
fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more 
than  thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1570.  It  shall  be  unlawful  for  any  retail  dealer  in  liquors  in 
No  lunch  to  be  ^his  city  to  keep  at  his  place  of  business,  or  furnish  to  his  patrons  or 
Weror'by**  visitors  at  such  place,  any  food  of  any  sort,  except  crackers,  cheese, 
waiters.  pretzels,  pickles  and  sausage,  which  shall  not  be  served  by  waiters  or 

Does  not  apply  ou  tablcs,  but  ouly  ou  the  counters ;  provided,  hoivever,  that  when  such 
taiiy"dTscon-*°'  dealer  has  a  license  to  keep  a  hotel,  eating  house,  or  lunch  room,  or 
barroom!"  *      staud,  totally  disconncctcd  with  the  barroom,  this  ordinance  shall  be 
applicable  only  to  the  barroom. 

Sec.  1571.     Liquor  or  beer  shall  not  be  sold,  at  wholesale  or  retail. 

Liquors  not  to  in  conncctiou  with  any  other  business,  except  that  dealers  in  liquors 

nectk>n  with°"  and  bccrs  at  wholesale  or  retail  may  carry  in  stock  and  in  their  bar  or 

ness.  wholesale  room  cigars,  tobacco,  cigarettes  and  similar  goods,  usually 

constituting  part  of  the  stock  of  a  liquor  store  or  saloon.     This  section 

is  operative  on  and  after  October  1,  1898. 

Sec.  1573.  A  violation  of  any  of  the  provisions  of  Sections  1570 
and  1571  shall  subject  the  offender,  on  conviction  thereof,  to  punish- 
ment by  fine  not  exceeding  one  hundred  dollars,  or  imprisonment  not 
exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the  Eecord- 
er's Court,  and  such  conviction  shall  work  a  forfeiture  of  the  license 
of  the  offender,  or  dealer,  in  whose  place  the  offense  occurred. 


Penalty. 
Aug.   19,   1898. 


CHAPTEE  XLV. 

POWDER. 

Section. 

Section. 

1573.  Quantity  to  be  kept. 

1576.  Council 

1574.  License   to    sell. 

1577.  Signs. 

1575.  License— how    obtained. 

Section  1573.  No  merchant,  or  other  person,  shall,  within  the  City 
of  Atlanta,  keep  in  any  house,  or  over  night,  except  in  a  public  ware- 
keg  only  to  be  housc,  morc  than  one  keg  of  powder  at  a  time,  which  shall  be  kept  in  a 
tin  can;  and  for  a  violation  of  this  ordinance,  the  offender  may  be 
fined  not  exceeding  one  hundred  dollars  and  costs,  or  imprisoned  not 
exceeding  thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1574.     It  shall  not  be  lawful  for  any  person  or  persons  to  sell 

License  to  sell  gunpowdcr  without  first  having  procured  a  license  from  the  Clerk  of 

Council,  who  .shall  receive  a  fee  of  fifty  cents  for  each  and  every  license 


Part  III. — Ordinances.  373 


granted  for  the  term  ol'  one  year;  and  any  person  or  persons  selling  p^^^  ^^  jj^^^ 
without  first  having  obtained  sueh  license,  shall,  on  conviction  before  "'^  "■^^''"'^• 
the  Recorder's  Court,  pay  a  tine  of  one  hundred  dollars  and  costs  of 
trial,  for  each  and  every  day  the  party  so  convicted  shall  have  violated  penalty, 
this  ordinance,  or  be  imprisoned  not  more  than  thirty  days. 

Sec.  1575.  When  any  person  desires  to  sell  powder  as  a  part  ^ode  of  pro- 
of his  or  their  business,  all  such  persons  shall  first  petition  the  Gen-  tifn  Ticense"^' 
eral  Council  for  a  license,  and  accompany  sueli  petition  with  the 
names  of  three  of  his  or  their  neighbors,  where  powder  is  to  be  sold, 
signifying  their  willingness;  and  such  applicant  shall  give  bond  and 
security  in  the  sum  of  five  hundred  dollars,  that  he  will  not  violate 
.any  ordinance  relating  to  the  sale  of  powder  in  Atlanta. 

Sec.  1576.     When  application  is  made  in  writing,  to  Council,  it 
shall  be  competent  for  the  board  to  grant  or  refuse  license,  if,  in  their  refuse, 
opinion,  the  applicant  or  bondsman  is  not  responsible,  or  in  any  way 
disqualified  for  such  trade  or  traffic  in  gunpowder. 

Sec.  1577.  All  persons  licensed  to  sell  powder  shall  be  required  to 
place  a  sign  over  their  place  of  business,  as  follows :  "Licensed  to  sell 
powder,"  and  shall  keep  their  powder  in  a  long  necked  tin  can.  Any 
one  violating  this  provision  shall  be  fined,  on  conviction,  not  exceeding  Penalty, 
one  hundred  dollars,  or  imprisoned  not  exceeding  thirty  days,  in  the 
discretion  of  the  Recorder's  Court. 


374 


Part  III. — Okdinances. 


CHAPTEK  XLVI. 


POLICE   DEPARTMENT. 


Sect] 
1578- 

1580. 
1581. 
1582. 
1583. 
1584. 
1585. 
1586. 
1587. 
1588. 
1589. 
1590. 
1591. 
1592. 
1593. 
1594. 
1595. 
1596. 


1600, 
1601. 
1602. 


1607, 
1608 
1610 
1611. 
1612. 
1613, 
1614. 
1615. 
1616. 
1617. 
1618. 
1619, 
1620. 
1621. 
1622. 


1631. 
1632. 


1636. 
1637. 


1579-1579    (a).    Board   of   Commissioners — 

Organization,   etc. 

Election   and   term. 

Board    governs   force. 

Make   rules  for   force. 

Meetings  of  the  Board. 

Chairman  presides. 

Chairman  pro  tem. 

Secretary's  duties. 

Committees  and   reports. 

Motions    written. 

Rules   of    discussion. 

Questions   of   order. 

Reconsideration. 

Secret    sessions — when. 

Communications. 

May   change    rules. 

Rules  suspended — how. 

Parliamentary   laws. 

Adjournment. 

Urder   of  business. 

Chief  of  Police. 

His  orders   obeyed. 

His  general    duties. 

Chief's  responsibility. 

Books  kept  by  Chief. 

Itemized  bills. 

May  suspend   subordinates. 

Assistant  Chief. 

Notice   read   to   force. 
1609.  Stolen   property. 

Pawnbrokers,   etc. 

Chief   of   Detectives. 

Control   detectives. 

Pay  of  detailed  detectives. 

Chief  keeps  record. 

Record  of  arrests. 

Makes  daily  report. 

Report  of  detectives. 

Sign   Chief's   name — when. 

Communications    copied. 

Letters   approved   by   chief. 

Files  kept. 

Likenesses  kept  privately. 

Report  of  money,   etc.,    recovered. 

Register   same. 

Daily  reports  from   detectives. 

Presents  not   received. 

Not  leave  city,    except  so   ordered. 

Abate  gaming  houses,   etc. 

Detective    agency. 

Assuming  to  be   policemen. 

Captains — responsibility  of. 

See  that  men  are  neat. 

Captains'   authority. 

Note  absentees. 

As    to    reliefs. 

As  to  complaints. 

Keep  time  book. 

Must   know  rules. 

Visit   beats   of    men. 


Section. 

1640.  Report  violations. 

1641.  Inspect  pawnshops,    etc. 

1642.  Report  half  hourly  from  boxes. 

1643.  See  horses  are  groomed. 
1644    Have  orders  read. 

1645.  Require  -wTitten  reports. 

1646.  Detail  reserve  men. 

1647.  Designate  relieving  points. 

1648.  Sergeants    act    as    Captains— when. 

1649.  Sergeant  in  command. 

1650.  Captains    require    reports    of    suspicious 
houses. 

1651.  Order   of   march. 

1652.  Sergeants  remain  with  watches. 

1653.  Sergeants'   responsibility. 

1654.  Report  violations. 

1655.  Report  half  hourly   from   boxes. 

1656.  Inspect   men's   dress,    etc. 

1657.  Station   House   Keepers. 

1658.  Time,   etc.,   kept  by. 

1659.  Record  of   prisoners'    property. 

1660.  Make  call  men  respond. 

1661.  In  charge  of  turnkeys. 

1662.  No   admission,    etc. 

1663.  Liquors   forbidden— report. 

1664.  Record   of   moneys,   etc. 

1665.  Separate   State   and   City   dockets. 

1666.  Impounded   stock   book. 

1667.  Talking  with  prisoners. 

1668.  Search   of   prisoners. 

1669.  Receipts   for   prisoners'    effects. 

1670.  Delivering   of   effects   to   other   officers — 
not  search  sober  prisoners. 

1671.  Patrolmen  give   whole  time. 

1672.  Orderly  and  civil. 

1673.  Answer   questions   politely. 

1674.  Dismissed   for   intoxication. 

1675.  Not   bring   liquors   to   station. 

1676.  Neatness   required. 

1677.  Weapons,    etc.,    carried. 

1678.  Walk   beats— not   talk. 

1679.  Keep  on  beat. 

1680.  Know  streets,   houses,   etc. 

1681.  Know   people. 

1G82.  Report  suspected  persons  and  places. 
1083.  Arrests  on   complaints. 

1684.  Notice    hacks,   etc. 

1685.  Public   houses — drinking    places. 

1686.  Detailed  men. 

1687.  Not  off  duty  without   leave. 

1688.  Not  recommend  others  to  police  service, 

1689.  Not  raise  contributions. 
1G90.  Rewards — Board   controls. 

1691.  Reserve    duties. 

1692.  Keep  sidewalks  open. 

1693.  Remove   banana   peel. 

1694.  Quell    disturbances. 

1695.  Report  contagious  diseases. 
1696-1697.  Politeness   required. 

1698.  Not  betray  special  orders. 

1699.  Report  street  defects. 


Part  III. — Ordinances. 


375 


Section. 

1700.  Lost  children  rescued. 

1701.  Fire   alarm. 

1702.  Assist  sick  or   injured. 

1703.  Arrest     reckless       drivers— lights- 
bers. 

1704.  Red   lights   at    dangerous   places. 

1705.  Be  truthful. 

1706.  Not  criticise  superiors. 

1707.  Pay  debts. 

1708.  Cruelty   forbidden. 

1709.  Not  active  in  politics. 

1710.  Stolen   property    delivered. 

1711.  Not   smoke   on  duty. 

1712.  Report   hourly  from   boxes. 

1713.  Stay  on  beats. 

1714.  Study    ordinances. 

1715.  Report  change  of  residence. 

1716.  Know    rules. 

1717.  Cattle  taken  up. 

1718.  Selling  cigarettes. 

1719.  Leaks  in   water   pipes. 

1720.  Junk    dealers. 

1721.  Mounted  men   do  foot  duty. 

1722.  Callmen  respond  promptly. 

1723.  Wagon  men's  duty  and  responsibil 

1724.  Duty  of  turnkeys. 

1725.  Custodian's   duty. 

1726.  Superintendent   and    system. 

1727.  Duty  of   Superintendent. 

1728.  Operators. 

1729.  Duty  of  operators. 

1730.  Report    calls. 


Section. 

1(31.  Reserve   force. 
1732.  Engineers. 
1733-1734.  Their   duties. 

1735.  Special  policemen. 

1736.  Private    watchmen. 

1737.  Requisites   of. 

1738.  Rules. 

1739.  Preferred    in   writing. 

1740.  Officers   prefer   charges. 

1741.  Officers  report  charges  made  by  citizens. 

1742.  Previous  convictions  noted  on  cliarge. 

1743.  Trials  regulated. 

1744.  Judgments  read  at  roll   call. 

1745.  Oath  of   Commissioners. 

1746.  Oath  of   Chief  of  Police. 

1747.  Oath    of    Assistant   Chief. 

1748.  Oath   of  Captain. 

1749.  Oath   Station   House  Keeper. 

1750.  Oath  of  patrolmen. 

1751.  Application  for  appointment  on  the  po- 
lice   force. 

1752.  City  physicians  examine  applicants. 

1753.  Present  force  and  pay. 

1754.  Clear  streets   for  military   parades. 

1755.  Also  for  civic  parades. 

1756.  Clearing  the  streets. 

1757.  Penalty. 

1758.  Arrest  for  violation  of  State  laws  as  to 
parades. 

17.58  (a)  to  17.58  (d).  Police  regulations  as  to 
Collins  Park  and  Belt  Railroad. 


Section  1578.    The  police  force  of  the  City  of  Atlanta  shall  be  gov-  ^^^,^^^^^^^ 
erned  and  controlled  b}-  a  board  consisting  of  seven  Police  Commis-  of  police  force, 
sioners,  of  whom  the  Mayor  shall  be  one.     The  board,  in  the  manage- 
ment of  the  police  force,  shall  be  guided  and  controlled  by  the  city 
charter,  existing  ordinances,  and  such  additional  ordinances  as  may 
hereafter  be  passed  by  the  Mayor  and  General  Council. 

Sec.  1579.     Whereas,  There  is  no  ordinance  of  the  City  of  Atlanta  preamble, 
providing  for  the  organization  of  the  Board  of  Police  Commissioners ; 
and 

Whereas,  Such  an  ordinance  seems  necessary ;  therefore, 

Be  it  ordained  hy  the  Mayor  and  General  Council  of  the  City  of 
Atlanta,  That  the  Mayor,  who  is  an  ex-officio  member  of  the  Board  of  s[de°in ^organ- 
Police  Commissioners,  shall  be  and  shall  act  as  chairman  of  the  Board  Board''of°  Po- 
of Police  Commissioners  at  the  next  regular  adjourned  or  called  meet- sJoneS?"""'^' 
ing  of  the  board,  after  the  adoption  of  this  ordinance,  and  until  the 
board  is  reorganized.     At  the  expiration  of  every  Board  of  Commis- 
sioners it  will  be  the  duty  of  the  Mayor  to  preside  until  a  new  chairman 
is  elected.     When  the  Mayor  is  acting  as  chairman  he  shall  appoint 
a  secretary  pro  tern.,  to  serve  until  his  successor  is  duly  elected.     At 
the  next  regular  adjourned  or  called  meeting  of  the  Board  of  Police 
Commissioners  of  the  City  of  Atlanta,  it  shall  be  their  duty  to  reor- 
ganize said  board  by  the  election  of  a  chairman,  chairman  pro  tern.,. 


376 


Part  III. — Ordinances. 


Vacancies, 
how   filled. 


and  secretary,  and  when  such  organization  is  effected,  it  shall  con- 
tinue until  the  first  meeting  of  said  board  occurring  after  the  election 
of  a  Police  Commissioner,  in  March,  189G,  and  annually  thereafter, 
when  the  board  shall  be  reorganized,  as  provided  for  in  this  ordinance. 
The  Mayor  shall  discharge  all  duties  of  chairman  while  acting  chair- 
man. 

Sec.  1579  (a).  If  any  vacancy  occurs  in  either  of  said  positions,  it 
may  be  filled  by  an  election  at  the  meeting  of  said  board  occurring 
next  after  the  happening  of  such  vacancy  or  vacancies.  In  voting  for 
chairman,  chairman  pro  tern.,  and  secretary  of  the  board,  and  in  vot- 
ing for  police  officers  and  policemen  of  the  City  of  i^tlanta,  and  in 
voting  in  all  trials  held  before  said  board,  the  Mayor  and  the  chair- 
man, and  the  chairman  pro  tern.,  and  acting  chairman,  shall  be  entitled 
to  vote  on  all  questions,  without  reference  to  any  question  of  a  tie  vote, 
the  intent  being  to  provide  that  each  member  of  the  board  shall  have 
the  right  to  cast  a  vote,  and  only  one  vote  in  any  event. 

Sec.  1580.  The  Police  Department  of  the  City  of  Atlanta  consists 
of  a  Board  of  Police,  composed  of  five  Commissioners  (elected  by  the 
Mayor  and  General  Council),  and  a  police  force  and  officers  appointed 
by  said  Board.  The  Mayor  of  the  City  of  Atlanta  is  an  ex-officio  mem- 
ber of  the  Board  of  Police  Commissioners.  They  are  elected  for  three 
years,  one  retiring  one  year  and  two  the  next. 

Sec.  1581.  The  Board  of  Police  Commissioners  governs  and  con- 
trols the  Police  Department,  its  business  and  affairs ;  is  invested  with 
and  exercises  all  the  powers  conferred  by  the  laws  of  the  State  and  or- 
dinances of  the  city.  The  chairman  is  the  chief  executive  officer  of 
the  board.  It  is  his  duty  to  require  the  officers  of  the  department  to 
rigidly  enforce  the  criminal  laws  of  the  State,  ordinances  of  the  city 
and  the  rules  governing  the  department.  When  the  board  is  not  in  ses- 
sion he  shall  represent  them  on  all  matters  and  emergencies  that  may 
arise  where  the  same  is  not  fully  provided  for  in  the  rules  governing 
the  Police  Department,  and  his  action  shall  stand  as  a  rule  or  order 
until  the  next  meeting  of  the  board,  at  which  time  the  same  shall  be 
ratified  by  a  majority  of  the  board.  It  is  the  duty  of  each  member  of 
the  Board  of  Police  Commissioners  to  acquaint  the  Chief  of  Police  or 
other  officer  in  command  with  all  violations  of  the  criminal  laws  of 
the  State,  ordinances  of  the  city  and  rules  governing  the  department 
that  may  come  to  their  knowledge.  They  shall  be  prompt  in  attend- 
ing all  meetings  of  the  board,  and  will  notifv  the  chairman  or  Chief 
of  Police  before  absenting  themselves  from  the  city. 

Sec.  1582.  The  government  and  discipline  of  the  Police  Depart- 
ment shall  be  such  as  the  Board  of  Police  Commissioners  may,  from 
time  to  time,  by  rules  and  regulations  prescribe. 

Sec.  1583.  The  Board  of  Police  Commissioners  shall  meet  once 
every  month,  or  oftener  if  necessary ;  the  day  and  hour  left  discretion- 


Board  of 

Commission- 
ers. 

Election  and 
term. 

The  Charter, 
Sec.  174.  now 
provides  for 
six  Commis- 
sioners, be- 
sides the. 
Mayor. 


Govern   police 
force  under 
laws  and  ordi- 
nances. 

Chairman 
chief   execu- 
tive   officer. 


Members    noti- 
fy Chief  of 
Police   of 
crimes  coming 
to  their 
knowledge. 


May  make 
rules   for 
force. 


Meetings   of 
Board. 


Part  III.— Ordixances.  377 


ary  with  the  board.  A  majority  of  the  board  may  call  an  extra  session 
whenever  the  emergency  demands.  In  emergency  tlie  chairman  is  au- 
thorized to  convene  the  board. 

Sec.  1584.     The  chairman  shall  tako  the  chair  at  tiie  linur  ^ipp^^^^^t- p,,airn,an  p^g. 
^d  for  any  meeting,  and  shall  call  the  members  to  order,  and  on  the  ^"^''®- 
appearance  of  a  quorum  (four  members),  shall  cause  the  minutes  of 
the  preceding  meeting  to  be  read  and  approved. 

Sec.  1585.     In  the  absence  of  the  chairman,  the  chairman  pro  Inn.  chairman   pro. 
is  vested  with  all  the  powers  of  the  chairman  during  such  absence,  i^l^n.  '"^^'    *' 
In  absence  of  both,  the  Commissioners  present  shall  select  a  chairman 
to  act  during  the  time  of  such  absence. 

Sec.  1586.     The  secretary  shall  keep  a  correct  record  of  all  proceed- 
ings of  the  Board  of  Police  Commissioners  and  record  same  in  a  book  keeps  records 
kept  for  that  purpose.     Whenever  the  "ayes"  and  "nays"  have  been  aye  and°nay 
called  for  on  any  question,  the  same  shall  be  recorded  when  desired  l)y 
'any  member  of  the  board. 

Sec.  1587.  The  chairman  shall  appoint  all  committees:  and  they  f.,j„^ittees 
shall  report  at  the  succeeding  regular  meeting  on  any  matter '  referred  p"rts!^"'  ^^ 
to  them,  or  show  cause  of  failure  to  report. 

Sec.  1588.     All  motions  must  be  reduced  to  writing  if  the  chairman  Motions  wu- 
or  any  member  of  the  board  desires  it ;  and  in  all  matters  coming  be-  '"""■ 
fore  the  board,  a  majority  shall  govern.  iajontj 

Sec.  1589.     Xo  member  of  the  board  shall  speak  on  the  subject  un-  as  to  discus- 
der  discussion  until  first  rising  to  his  feet.     When  more  than  one '''°"' 
member  shall  rise  at  or  near  the  same  time,  the  chairman  shall  decide 
in  favor  of  the  member  first  attracting  his  attention.     Every  speaker 
shall  address  the  chair,  and  no  member  shall  interrupt  him  except  to 
call  him  to  order. 

Sec.  1590.     The  chairman  shall  decide  all  questions  of  order,  but 

Questions  of 

any  member  dissatisfied  with  his  decisions  shall  have  the  right  to  ap-  order. 
peal  to  the  Board. 

Sec.  1591.     A  motion  to  reconsider  any  of  the  proceedings  of  the 
board  will  not  be  entertained  unless  it  be  made  ])y  a  member  who  pre-  t'O" 
viously  voted  with  the  majority. 

Sec.  1592.     In  the  trial  of  any  member  of  the  police  force,  charged 


Reconsidera- 


Secret    sessions 
to   dec 
trials. 


after  the  testimony  and  argument  have  been  heard,  until  the  decision 
of  the  board  is  formed. 

Sec.  1593.     Xo  communication  to  the  board  shall  be  entertained  p^^^^ 
unless  the  same  is  in  writing.  *'°"^- 

Sec.  1594.     A  majority  of  the  Board  of  Police  Commissioners  may 
enact,  modify  and  repeal,  from  time  to  time,  any  orders,  rules  and  reg-  ]]^^^'^ 
ulations  governing  the  Police  Department  of  the  City  of  Atlanta,  the 
same  not  to  conflict  with  the  Constitution  of  the  United  States,  the 
laws  of  the  State  of  Georsia,  or  the  ordinances  of  the  citv. 


378 


Part  III. — Ordinances. 


Suspension    of 
rules. 


Parliamentary 
law  enforced. 


Chief   of   Po- 
lice. 
Orders    obeyed. 


Confer  with 
Chairman. 


His    orders 
obeyed. 


His    general 
duties. 


Streets, 
bridges,   etc. 


Sec  1595.  The  rules  of  the  board  shall  not  be  suspended  except  by 
a  unanimous  vote  of  all  the  members  present. 

Sec.  1596.  The  chairman,  when  the  board  is  in  session,  sliall  en- 
force parliamentary  rules  so  far  as  they  may  be  applicable  to  such  a 
body. 

Sec  1597.     A  motion  for  adjournment  shall  always  be  in  order. 

Sec.  1598.     The  order  of  business  shall  be: 

1.  Keading  the  Minutes  of  previous  regular  and  called  meetings. 

2.  Trials. 

3.  Petitions  and  Communications. 

4.  Auditing  Bills  and  Accounts. 

5.  Eeports  of  Committees. 

6.  Eeports  of  Special  Committees. 

7.  Eeports  of  Officers. 

8.  Eesolutions. 

9.  Elections. 

10.     New  Business. 

Sec  1599.  The  Chief  of  Police  is  the  chief  executive  officer  of  the 
police  force.  He  will  have  the  general  supervision  of  every  depart- 
ment of  the  force,  and  will  be  held  accountable  to  the  Board  of  Police 
Commissioners  for  the  promulgation  of  all  orders  or  regulations  made 
or  given  by  the  board.  Every  member  of  the  police  force  shall  respect 
and  obey  all  orders  issued  by  the  Chief.  It  shall  be  his  duty  to  confer 
fully  and  be  advised  by  the  chairman  of  the  board  on  all  important 
matters  pertaining  to  the  government  of  tlie  department  not  pro- 
vided for  by  the  rules  governing  the  officers  and  members  of  said  de- 
partment. 

Sec  1600.  He  shall  have  power  to  give  such  orders  to  the  cap- 
tains, members  of  the  police  force  and  the  Detective  Department  as 
he  may  deem  proper ;  and  it  shall  be  their  duty  to  render  to  him  and 
his  orders  implicit  obedience. 

Sec  1601.  It  shall  be  his  duty  at  all  times,  day  or  night,  to  pre- 
serve the  public  peace;  prevent  the  commission  of  crime  and  arrest 
offenders;  to  protect  the  rights  of  persons  and  property;  to  provide 
proper  police  force  at  fires ;  to  protect  the  firemen  and  property  there- 
at; to  protect  strangers  and  travelers  at  railway  stations;  to  suppress 
riots  and  insurrections,  disperse  unlawful  or  dangerous  assemblages, 
and  assemblages  which  obstruct  the  free  passage  of  public  streets, 
sidewalks,  parks  and  places ;  to  preserve  order  at  elections  and  all  pub- 
lic meetings  and  assemblages;  to  prevent  and  regulate  the  movement 
of  teams  and  vehicles  in  the  streets;  and  prevent  the  violation  of  all 
laws  and  ordinances  in  force  applicable  to  the  Police  Department. 
It  shall  also  be  the  duty  of  the  Chief  of  Police  to  require  the  police 
force  of  the  city  to  make  daily  reports  of  the  condition  of  the  different 
bridges  in  their  respective  beats  in  the  city,  and  in  case  any  of  said 


Part  III.— Ordinances.  379 


bridges  or  walls  are  reported  by  the  police  in  a  dangerous  condition,  it 

shall  then  be  the  duty  of  the  Chief  of  Police  to  notify  the  Mayor, 

whose  duty  it  shall  be  then  to  notify  the  Street  Committee,  and  if  the 

extent  is  such  as  to  require  the  expenditure  of  city  funds  other   than  ■^"'^'  -■  ^^"■ 

ordinary  repairs,  it  then  shall  be  the  duty  of  the  Mayor  or  committee 

to  call  a  special  meeting  of  the  General  Council  to  consider  the  same. 

Sec.  1602.     He  will  be  held  responsible  for  the  good  order  of  the  Responsibility 
city  and  the  general  good  conduct  of  the-  officers  and  men  of  the  police  ^fai  duties.^^^ 
force.     He  will,  as  often  as  possible,  pay  frequent  visits  at  uncertain 
hours  to  various  portions  of  the  city  that  he  may  be  able  to  know  of  his 
own  knowledge  that  the  officers  and  men  are  performing  their  diities. 

Sec.  1603.  He  shall  keep  the  following  books  in  his  office:  1.  A 
book  of  records  showing  the  names  of  every  officer  and  man  connected  cwef.  ^^  ^ 
with  the  Police  Department,  the  division  in  which  stationed,  their 
place  of  residence,  the  date  of  appointment  and  time  of  removal,  and 
their  age,  height  and  weight.  2.  A  book  in  which  shall  be  recorded 
the  daily  reports  of  the  captains.  3.  A  book  in  which  the  Chief  of 
Detectives  shall  record  daily  all  the  transactions  of  his  department. 
4.  Books  in  which  all  communications  going  out  from  this  department, 
either  by  letter  or  telegram,  shall  be  copied.  5.  A  book  which  ahall 
show  a  detailed  inventory  of  all  property  belonging  to  the  Police  De- 
partment. 6.  A  book  in  which  all  the  members  of  the  Police  Depart- 
ment shall  receipt  for  any  equipments  necessary  for  them  in  the  dis- 
charge of  their  duties.  7.  A  book  in  which  shall  be  recorded  a  gen- 
eral monthly  report  of  all  the  work  done  by  the  department,  showing 
the  condition  of  the  police  force,  the  condition  of  the  stationhouse. 
stables,  horses  and  wagons;  noting  the  time  each  policeman  has  been 
absent  during  the  month  and  the  cause  of  such  absence;  number  of 
arrests,  and  causes  of  arrest;  and  the  names  of  such  policemen  as  de- 
serve special  commendation.  8.  A  book  in  which  shall  be  kept  a 
record  of  the  distributions  of  all  appropriations  made  to  the  Police 
Department. 

Sec.  1604.  He  shall  submit  an  itemized  bill  of  every  expense  in- 
curred in  running  the  department  to  the  Auditing  Committee  two  '^''™'^'^'^  ^'"^• 
days  before  the  regular  monthly  meeting  of  the  board.  He  will  also 
submit  the  monthly  pay-roll  to  the  chairman  and  secretary  of  the 
board,  who  will  sign  the  same  before  being  presented  to  the  ]\Ia3^or 
and  Council.  He  shall  be  required  to  make  a  monthly  report  to  the  Reports. 
Board  of  Commissioners  of  all  expenses  incurred  by  the  Police  De- 
partment, with  the  proper  vouchers,  before  submitting  same  to  the 
General  Council  for  payment. 

Sec.  1605.     The  Chief  of  Police  shall  have  the  power  to  suspend 


any  member  of  the  force  ten  days  for  a  violation  of  any  rule  for  the  subordinates! 
government  of  the  Police  Department,  and  for  a  longer  time,  with  the 
approval  of  the  chairman.     If  the  violation  is  of  such  a  nature  as  de- 


380 


Part  III. — Ordinances. 


Assistant 
Chief. 


Stolen  prop- 
erty. 


mands  an  investigation  by  the  Board,  he  will  at  once  furnish  the  sec- 
retary with  the  name  of  the  officer  suspended,  a  copy  of  the  charges, 
and  the  names  of  the  witnesses  to  be  subpoenaed,  that  the  charges  may 
be  fully  investigated  by  the  Board  of  Police  Commissioners ;  all  such 
to  be  reported  to  the  board  at  the  first  called  or  regular  meeting  there- 
after for  their  approval. 

Sec.  1606.  In  case  of  his  sickness  or  absence  from  the  city,  the  As- 
sistant Chief  will- perform  the  duties  of  Chief,  and  will  be  obeyed  and 
respected  accordingly.  In  the  absence  of  both  the  Chief  and  Assist- 
ant Chief,  the  Board  of  Police  Commissioners  may  designate  any  one 
of  the  captains  to  fill  the  vacancies. 

Sec.  1607.  It  shall  be  the  duty  of  the  Chief  to  see  that  all  commu- 
nications coming  through  any  branch  of  the  department  relative  to 
any  work  that  may  be  performed  by  the  force,  be  read  to  each  watch 
at  roll-call,  if,  in  his  judgment,  it  is  for  the  good  of  the  service. 

Sec.  1608.  Hereafter  any  property  which  may  be  taken  possession 
of  by  the  police  force  from  persons  who  have  stolen  the  same,  or  other 
wise,  shall  be  disposed  of  in  the  following  manner :  All  such  prop- 
erty shall  be  taken  to  the  stationhouse  and  safely  kept  for  sixty  days, 
and  if  after  that  time  the  same  shall  be  unclaimed  by  persons  making 
satisfactory  proof  of  title,  the  Chief  of  Police  shall  advertise  the  same 
for  sale  for  ten  days  by  posting  in  three  of  the  most  public  places  in 
the  city  a  written  notice  which  shall  fully  specify  the  articles  to  be 
sold,  and  the  time  when,  and  place  where  each  sale  will  take  place. 

Sec.  1609.  At  such  time  and  place  the  property  shall  be  sold  to 
the  highest  bidder  for  cash;  such  sales  shall  take  place  between  ten  a. 
m.  and  four  p.  m.,  in  front  of  the  stationhouse;  provided,  that  any 
perishable  property  may  be  sold  after  such  notice,  or  such  disposition 
2nade  of  the  same  as  the  Mayor  may  direct.  The  Chief  of  Police  shall 
keep  a  complete  record  of  when  such  property  came  into  the  possession 
of  the  police  force,  where  found,  or  from  whom  taken,  a  description  of 
the  property,  when  the  same  is  claimed,  and  by  whom,  or  when  adver- 
tised, and  when  and  for  what  amount  sold.  All  money  arising  from 
such  sales  shall  be  paid  to  the  City  Tax  Collector,  and  by  him  to  the 
Treasurer. 

Sec.  1610.  All  pawnbrokers,  secondhand  dealers  and  auction 
houses  shall  furnish  to  the  Chief  of  Police,  or  Chief  of  Detectives,  a 
full  and  complete  list  each  day  of  every  article  taken  in  pawn  or 
bought  by  said  dealers,  giving  a  full  description  of  same,  maker, 
marks,  number,  brand,  monogram  or  letters  of  any  kind  on  such  arti- 
cle so  pawned  or  bought  by  said  dealer,  and  they  shall  also  keep  ac- 
counts, showing  from  whom  all  such  articles  are  received.  And  they 
shall  have  their  goods  arranged  in  stock  so  as  to  enable  the  same  to  be 
inspected  by  the  Police  Department.  When  it  becomes  necessary  to 
visit  such  dealers,  the  Chief  of  Police,  or  the  Chief  of  Detectives,  will 


Disposition 
Oct.    1,    IS?- 


Pawnbiok&i- 
etc. 


Apr.    22, 


1892. 
189S. 


Part  III. — Ordinances.  381 


give  a  written  order  to  the  proper  officer  to  perform  said  duty,  and  any 
such  dealer  refusing  or  failing  to  furnish  such  list,  or  refusing  to  ad- 
mit said  officer  in  their  place  of  business,  shall  pay  a  fine  of  not  more 
than  two  Imndrod  dollars,  or  be  imprisoned  thirty  days,  or  both,  in  the 
discretion  of  the  court,  and  a  conviction  of  any  such  ])awnl)roker  or 
other  dealer  of  a  violation  of  this  ordinance  shall  woi'k  an  immediate 
revocation  of  the  license  of  such  offender. 

Sec.  1611.     The  Assistant  Chief  of  Police  is  Chief  of  the  Detective  "ct^ves.^  °'" 
Bureau,  and  will,  in  the  absence  of  the  Chief  of  Police,  act  as  Chief  of  office  of  chief 
the  Police  Department,  and  will  be  obeyed  and  respected  accordingly.  aboUshed  Jan. 

Sec.  1612.     The  Chief  of  Detectives  will  have  the  immediate  con- miif  of  betl^-" 
trol  of  all  members  of  the  force  detailed  for  detective  duty,  and  will  foTMarch  22, 
give  such  direction  to  all  business  sent  to  his  department  as  he  may 
deem  best  to  accomplish  the  best  results.  ivt-s. 

Sec.  1613.  Any  member  of  the  force  who  has  been  detailed  to  per- 
form the  duties  of  a  detective  in  the  Detective  Department  will  be  re-  detectives, 
quired  to  serve  ninety  days  before  receiving  full  detective  pay.  If,  at 
the  expiration  of  the  ninety  days,  he  has  proven  himself  worthy  and 
qualified  to  perform  the  duties  of  a  detective,  he  will  then  receive  the 
regular  pay  of  a  detective — while  on  that  duty. 

Sec.  1614.     The  Chief  of  Detectives  will  keep  a  book  of  records  of  cuief  iveeps 

•^  record. 

all  complaints  and  applications  calling  for  the  services  or  attention  of 
the  Detective  Department,  in  his  office,  and  see  that  all  such  com- 
plaints and  applications  are  recorded  therein;  and  also  the  name  of 
the  detective  appointed  to  investigate  such  complaint. 

Sec.  1615.     A  record  of  all  arrests  by  the  Detective  Department  ^^^^^.^  ^^  ^^ 
shall  be  kept  in  the  detective  office,  in  which  shall  be  entered  the  name  ''^^*^- 
of  the  person  arrested,  with  the  full  description  of  such  person,  the 
time  and  cause  of  arrest,  and  disposition  made  of  each  prisoner  ar- 
rested. 

Sec.  1616.     The  Chief  of  Detectives  will  make  a  daily  morning  re-pj^jj^  report. 
port  of  all  work  performed  by  the  Detective  Department  to  the  Chief 
of  Police. 

Sec.  1617.     The  Chief  of  Detectives  will  keep  in  his  oifice  a  book  in  order  of  de- 
which  each  member  of  his  department  shall  enter  a  daily  report  of  the  ^^''^'^^®- 
work  performed  by  him;  said  reports  shall  be  copied,  and  same  for- 
warded to  the  Chief  of  Police  by  the  Chief  of  Detectives,  together  with 
his  daily  morning  report. 

Sec.  1618.     When  necessary,  the  Chief  of  Detectives  will  sign  the  Assistant 
name  of  the  Chief  of  Police  to  all  communications  going  out  from  his  chiefs^^name, 
department,  per  himself  as  Assistant  Chief  of   Police.     During  the '' 
absence  of  the  Chief  of  Police  from  the  city,  he  will  sign  his  name  as  same  L  issist- 
Acting  Chief  of  Police  to  all  communications  going  out  from  the  de-  mav  or  may 

not  be  the 

partments.  chief  of 

Sec.  1619.     All  communications  going  out  from  the  Detective  De- 


382 


Part  III. — Ordixaxces. 


Communica- 
tions   subject 
to   Chief's   ap- 
proval— ex- 
ceptions. 


Files   kept. 


Likenesses 
kept   privately 


Communica-  partment  must  be  copied  into  a  book  kept  in  the  office  of  Chief  of 
tions  copied.     PoHce  foF  that  purpose. 

Sec.  1620.  The  Chief  of  Detectives  will  submit  all  communica- 
tions going  out  from  his  department  to  the  Chief  of  Police  when 
present  for  his  signature  and  approval.  If  the  case  should  be  of  such 
nature  as  demands  prompt  action,  and  the  delay  in  getting  the  Chief's 
approval  would  hinder  the  prosecution  of  the  work,  then  he  will  act 
on  his  best  judgment  in  giving  direction  to  the  business  or  matters 
presented. 

Sec.  1621.  The  Chief  of  Detectives  will  keep  on  file  all  communi- 
cations coming  into  his  department,  and  will  submit  same  to  the  Chief 
of  Police  for  his  information  as  to  the  work  being  done  or  required  of 
the  Detective  Department. 

Sec.  1622.  The  likenesses  of  persons,  collected  for  the  use  of  the 
Detective  Department,  shall  be  privately  kept  in  a  gallery  for  the  offi- 
cial use  of  the  police  force  as  an  aid  to  the  prevention  and  detection  of 
crime,  and  shall  not  be  exhibited  to  any  person,  unless  such  person  is 
accompanied  by  an  officer  of  the  department.  The  Chief  of  Detectives 
will  have  photos  taken  of  all  notorious  criminals  when  deemed  neces- 
sary. 

Sec.  1623.  The  Chief  of  Detectives  will  make  a  daily  report  of  all 
money  and  property  recovered  by  his  department  to  the  Chief  of  Po- 
lice, giving  a  full  description  of  each  and  every  article.  He  will  also 
report  all  money  or  property  that  has  been  identified  and  delivered  to 
the  owners  of  same,  requiring  such  owners  to  give  him  a  receipt  for 
money  or  property  delivered,  in  a  receipt  book  kept  for  that  purpose. 

Sec.  1634.  The  Chief  of  Detectives  shall  register  each  lot  of  prop- 
erty and  money  recovered  by  any  member  of  his  department  in  a  book 
kept  for  that  purpose,  and  number  the  same  on  the  book  and  on  a 
ticket,  to  be  attached  to  such  property  or  money,  and  shall  also  record 
the  names  of  the  persons  from  whom  such  property  or  money  was 
taken,  the  names  of  claimants  thereto,  the  time  of  seizure  and  the 
final  disposition  thereof. 

Sec.  1625.  The  Chief  of  Detectives  will  see  that  all  men  detailed 
for  detective  work  make  a  daily  report  of  all  work  done  by  them.  He 
must  keep  a  close  watch  over  his  men,  that  he  may  know  that  they  are 
performing  the  duties  assigned  them ;  and  report  all  time  lost  by  them, 
and  see  to  it  that  all  lost  time  is  deducted  from  the  pa3^-roll. 

Sec.  1626.  The  Chief  of  Detectives,  nor  any  member  of  the  De- 
tective Department,  will  be  permitted  to  receive  any  reward,  presents, 
or  testimonials  from  any  citizen  of  the  City  of  Atlanta  for  any  duties 
performed  by  them,  without  permission  of  the  Board  of  Police  Com- 
missioners. When  a  reward  has  been  collected  for  the  arrest  of  any 
criminal  or  other  person,  or  recovery  of  any  stolen  property,  the  same 


Chief  Detect- 
ive report 
money  and 
property   re- 
covered. 


Register   same. 


Daily  reports 
of   detectives. 


Presents  not 
received. 


Part  III. — Ordinances.  383 


shall  be  deposited  with  the  Chief  of  Police  until  a  disposition  of  same 
has  been  ordered  by  the  Board  of  Police  Commissioners. 

Sec.  1637.  No  member  of  the  Detective  Department  will  be  per- 
mitted to  leave  the  city  to  perform  detective  work  unless  ordered  by  J^ave'^dty  ""** 
the  Chief  of  Police,  the  Chairman,  or  the  Board  of  Police  Commis-  ^■''''°"'  '"■'^"'• 
sioners.  All  persons,  other  than  citizens  of  Atlanta,  requiring  the 
services  of  detectives,  must  make  application  to  the  Chief  of  Police, 
and  permission  may  be  granted  or  refused  by  the  Chairman  or  Board 
of  Police  Commissioners. 

Sec.  1628.     The  detectives,  under  instructions  from  the  Board  of 
Police  Commissioners  or  Chief  of  Police,    shall    abate    all    gaming  abate  gamin- 
houses,  rooms  and  premises,  and  places  kept  or  used  for  lewd  or  ob-  houses. 
scene  purposes,  in  conformity  with  the  ordinances  of  tlie  city  and  crim- 
inal laws  of  the  State. 

Sec.  1629.     All  licenses  and  permits  of  anv  kind  heretofore  issued 

.   ^  •  .  .        Detective 

to  any  person,  firm  or  corporation  to  carry  on  the  business  of  detective  agency  busi- 

•J    r  ::  X-  J  ^gg^    abolished. 

or  detective  agency  in  said  city  shall  be  and  the  same  are  hereby  re- 
voked after  the  expiration  of  the  time  for  which  license  fees  have  been 
paid;  and  that  from  and  after  the  expiration  of  such  time  in  the  case 
of  each  license  or  permit  heretofore  granted,  no  person,  firm,  com- 
pany or  corporation  shall  in  said  city  carry  on  or  be  engaged  in  the 
business  of  a  private  detective  or  detective  agency,  unless  such  person, 
firm  or  corporation  has  been  first  recommended  for  license  or  permit  hereafter^"^'^'' 
for  such  detective  business  or  agency  by  the  Board  of  Police  Commis- 
sioners of  said  city;  but  in  all  cases  in  which  such  recommendation  is 
made  and  certified  by  the  Board  of  Police  Commissioners  to  the  Clerk 
of  Council,  a  license  or  permit  shall  be  thereupon  issued  for  such  busi- 
ness.    When  so  licensed,  the  licensee  shall  take  the  oath  of  a  city  de- 
tective, and  be  subject  to  police  supervision.     Any  person,  firm,  com-  fj^e^^suVe^vi^"' 
pany  or  corporation  who  shall  be  hereafter  engaged  in  the  business  of  '°"' 
a  detective  or  detective  agency  in  said  city,  outside  of  the  police  force 
of  said  city,  and  without  a  license  issued  as  hereinabove  provided  for, 
shall  be  punished  by  a  fine  of  not  exceeding  five  hundred  dollars,  or  im-  penalty, 
prisonment  not  exceeding  thirty  days,  either  or  both,  in  the  discretion 
of  the  court. 

Sec.  1630.  It  shall  not  be  lawful  for  any  person  not  being  a  police- 
man in  the  city,  to  assume  to  act  as  such,  or  act  as  such,  or  represent  poiicemMi.  ° 
himself  as  such ;  and  every  one  violating  this  clause  of  this  ordinance, 
upon  conviction  thereof,  shall  be  fined  not  exceeding  one  hundred  dol- 
lars, or  imprisoned  not  exceeding  thirty  days,  in  the  discretion  of  tho 
court. 

Sec.  1631.     The  captains  will  be  held  strictly  responsible  for  the 
preservation  of  the  public  peace  in  their  respective  districts ;  and  to  in-  responsibility. 


sure  good  order,  they  are  vested  with  the  power  to  post  the  men  under 
their  command  in  such  parts  of  their  districts,  and  to  assign  them 


384  Part  III. — Ordinances. 


such  duties  as  they  ma_y  deem  expedient,  under  the  supervision  of  the 
Chief  and  in  accordance  with  the  rules  and  reguhitions  of  the  Board 
of  Police  Commissioners. 

Sec.  1632.     The  captains  will  at  all  times  require  the  members  of 

See  to  neat-      ^^^  forcc  undcr  their  command  to  be  attired  according  to  the  rules  and 

men.°*  P''*''°^'  regulations  of  the  Department,  and  to  be  decent  and  cleanly  in  their 
attire,  habits  and  persons. 

Sec.  1633.     The  captains  shall,  subject  to  the  orders  of  their  supe- 
riors in  command,  and  the  orders,  rules  and  regulations  of  the  de- 

Their  autiior-  p^rtment,  liavc  control  of  the  sergeants,  stationhouse  keepers,  patrol- 
men, call  men,  wagon  men,  mounted  men  and  turnkeys  of  their 
respective  watches,  and  will  be  held  accountable  for  their  good  conduct 
and  efficiency  in  the  performance  of  the  duties  assigned  to  each  mem- 
ber of  the  force  in  his  command ;  and  is  required  to  report  all  delin- 
quents to  the  Chief  of  Police. 

Sec.  1634.     It  shall  be  the  duty  of  the  captains  of  each  watch  to 

Note  absentees,  uotc  the  abseucc  of  anv  member  of  the  force  from  roll-call,  ascertain 
the  cause  of  such  absence,  and  promptly  report  the  same  to  the  Chief 
of  Police.     JSTo  time  will  be  allowed  any  member  of  the  force  while  ab- 
sent from  duty  unless  ordered  by  the  Board  of  Police  Commissioners. 
Sec.  1635.     The  captain  in  charge  of  each  relief  will  not  allow  his 

As  to  reliefs,  men  to  Icavc  their  beat  or  station  until  relieved  by  the  other  watch 
coming  on  duty. 

Sec.  1636.     It  shall  be  the  duty  of  the  captains  to  inquire  into  ev- 

As  to  com-       ery  complaint  made  by  citizens  of  dereliction  of  duty  on  the  part  of 

plaints    against       J  i-  •'  ...  . 

men.  any  member  of  the  force,  report  the  same  in  writing  to  tlie  Chief,  with 

the  name  of  the  person  reported,  and  nature  of  the  charges  against 
him. 

Sec.  1637.     It  shall  be  the  duty  of  each  captain  to  keep    a    time- 
book  with  the  name  of  every  man  serving  under  him  entered  thereon, 

Keep  time  -^  '^  ' 

^°°^'  and  at  roll-call  check  each  man  present  and  keep  a  correct  record  of  all 

time  made  by  each  man  serving  under  him,  and  know  that  the  roll 
kept  by  the  stationhouse  keeper  is  correct.  He  shall  require  his  men 
to  report  at  the  stationhouse  fifteen  minutes  before  roll-call  when  re- 
porting for  duty. 

Sec.  1638.     It  shall  be  the  duty  of  each  captain  to  keep  perfectly 

Must  know       familiar  with  the  rules  and  regulations  of  the  department,  and  all  ordi- 

i-uies.  nances  passed  by  the  Mayor  and  Council  pertaining  to  police  work, 

that  he  may  keep  his  men  thoroughly  posted  as  to  all  changes  that  may 

affect  them  in  the  discharge  of  their  duty. 

Sec.  1639.     It  shall  be  the  duty  of  the  captains  to  pay  frequent 
Visit  beats  of    visits  to  different  parts  of  the  city  in  which  their  men  are  located  that 
men  frequently  ^-^^^  ^^^^  know  themsclves  that  the  sergeants  and  patrolmen  are  prop- 
erly discharging  the  duties  assigned  them. 


I 


Part  III. — Oudinances.  385 


Sec.  1640.  Each  captain  shall  note  every  violation  of  the  rules  and  ^^^^  ^^^  ^,,_ 
regulations  governing  the  department  that  may  come  to  his  knowledge.  c^rruiJi."'''^'"" 
and  report  the  same  to  the  Chief  of  Police  for  investigation  by  him. 

Sec.  1641.     It  shall  be  the  duty  of  the  captains  to  inspect  or  cause  j^^p^^.^  p^^^. 
to  be  inspected,  from  time  to  time,  all  pa\vnbroker  shops,  second-hand  ^^""p^'   **•"■ 
dealer  shops  and  other  places  where  stolen  goods  are  liable  to  be  dis- 
posed of,  and  to  promptly  report  any  violation  of  the  ordinances  gov- 
erning such  places  to  the  Chief  of  Police. 

Sec.  1642.  It  shall  be  the  duty  of  each  captain  while  on  duty  dur-  Report  every 
ing  his  absence  from  the  stationhouse  (visiting  the  sergeants  and  pa- from  pati-oi 
trolmen,  or  in  the  performance  of  any  other  duties  pertaining  to  his 
office)  to  report  at  least  once  every  thirty  minutes  from  patrol  boxes 
to  the  operator,  that  he  may  ascertain  if  his  services  are  needed  at  the 
stationhouse,  or  whether  there  are  any  special  orders  or  instructions  to 
be  communicated  to  him. 

Sec.  1643.     It  shall  be  the  dutv  of  each  captain  on  whose  watch  the 

"  ,  ,  .  ,  ,  ,     See   to   groom- 

mounted  force  are  serving,  to    see    that    every    horse    is    thoroughly  ing  of  horses. 

groomed  by  the  man  riding  him,  before  lie  shall  be  relieved  from 

duty. 

Sec.  1644.     It  shall  be  the  dutv  of  the  captain  to  have  all  special  or 

^  ^  Have   orders, 

general  orders  issued  by  the  Chief  read  to  the  force  at  roll-call,  and  see  read, 
that  same  are  rigidly  enforced. 

Sec.  1645.     The  captains  will  require  the  men  under  their  com- 

'■  ^  Require  writ- 

niand  to  report  all  violations  of  ordinances  governing  corporations  to  ten  reports  of 
the  Chief  of  Police  in  writing,  and  will  see  that  all  such  ordinances  are  t'ons. 
rigidly  enforced. 

Sec.  1646.     The  captains,  under  the  direction  of  the  Chief,  will  de-  ^^^^jj  reserve 
tail  a  reserve  force  from  their  watches  to  be  kept  on  duty  at  the  sta-  ^°^^'^- 
tionhouse  both  day  and  night  for  service  in  cases  of  emergency. 

Sec.  1647.  The  captains  shall  designate  relieving  points  within  the^ggj^j^^g  ^^_ 
boundaries  of  each  post ;  and  direct  the  route  to  be  taken  by  patrolmen  ^"^""^  points, 
going  to  and  coming  from  the  relieving  points.  Such  relieving  points 
to  be  distributed  as  far  as  practicable  on  alternate  streets,  avenues  and 
roads,  and  placed  so  as  to  be  as  nearly  as  possible  at  equal  distances 
from  each  other,  and  the  same  shall  be  located,  where  the  situation 
will  admit  of  it,  at  the  points  on  the  post  most  remote  from  the  sta- 
tionhouse. 

Sec.  1648.     In  case  of  the  absence  of  the  captain,  by  reason  of  ill- 
ness, or  absence  from  duty,  or  by  permission  of  the  Board  of  Police  sergeants   act 
Commissioners,  the  duties  required  of  him  shall  be  performed  by  one  cap^talnsf^  °^ 
of  the  sergeants  selected  for  that  purpose  by  the  Chief  of  Police,  sub- 
ject to  the  approval  of  the  Board  of  Police  Commissioners. 

Sec.  1649.     The  sergeant  so  selected  shall  be  designated  as  "ser- 
geant in  command,"  and  shall,  during  such  absence  of  the  captain,  "command, 
possess  and  exercise  all  the  powers  of  a  captain,  and  shall  enforce  the 

(25) 


386 


Part  III. — Ordinances. 


Captains   must 
require   re- 
ports 

of   suspicious 
liouscs. 


Serg-eants  re- 
main out  with 
watches. 


orders,  rules  and  rcg'ulations  established  for  the  government  of  the 
force. 

Sec.  1650.  The  captains  will  require  the  men  under  their  com- 
mand to  report  all  houses  that  are  kept  by  parties  of  a  suspicious 
character,  and  investigate  fully  the  nature  of  any  such  suspicions  and 
report  the  same  in  writing  to  the  Chief  of  Police. 

Sec.  1651.  The  captains  will  require  the  members  of  the  force 
lender  them  doing  patrol  duty  to  march  to  and  from  their  posts  of  duty 
in  military  order. 

Sec.  1652.  The  sergeants  will  accompany  their  sections  of  the 
force  to  and  from  their  respective  stations.  They  will  remain  out 
with  the  men  under  their  command,  and  will  patrol  continually  the 
district  in  which  their  men  are  located,  and  enforce  a  strict  perform- 
ance of  the  duties  required  of  the  patrolmen. 

Sec.  1653.  The  sergeants  will  be  held  responsible  for  the  general 
good  order  and  discipline  of  their  respective  platoons  or  sections. 
They  will  be  careful  to  see  that  every  man  thereof  goes  on  duty  clean 
and  neat  in  his  person  and  his  dress,  in  accordance  with  the  rules  and 
regulations  of  the  service. 

Sec.  1651.  The  sergeants  must  report  to  the  captain  or  the  officer 
in  cominand  at  the  stationhouse,  all  delinquencies  or  violations  of 
orders  on  the  part  of  the  force  or  any  member  thereof  under  their 
command;  the  commanding  officer  to  enter  such  report  in  the  blotter. 

Sec.  1655.  The  sergeants,  while  on  duty,  will  be  required  to  re- 
port from  the  signal  boxes  at  least  once  every  thirty  minutes. 

Sec.  1656.  The  sergeants  at  roll-call,  when  going  on' duty,  will 
inspect  each  and  every  patrolman  belonging  to  their  sections,  and  be 
particular  in  noting  that  their  dress  is  clean  and  that  tlicir  emblems 
and  devices  are  clean,  in  good  order  and  in  their  proper  places.  They 
will  require  each  man  to  exhibit  his  fire  alarm  key,  signal  box  key, 
nippers,  whistle  and  baton,  and  also  their  pistols,  when  required  by 
the  captain  in  charge. 

Sec.  1657.  The  stationhouse  keepers  will  be  under  the  supervision 
of  the  Chief  of  Police,  and  subject  to  all  orders  of  the  captains  of  the 
watch  on  which  they  are  serving. 

Sec.  1658.  They  will  be  required  to  keep  in  their  office  a  book  in 
which  the  name  of  every  person  connected  with  the  department  shall 
be  entered.  They  will  call  the  roll  of  each  watch  going  on  and  off 
duty,  and  keep  a  correct  record  of  the  time  made  by  each  member  of 
the  force ;  and  report  in  writing  to  the  Chief  of  Police  all  absentees. 

Sec.  1659.  They  must  make  a  correct  record  of  all  ])ersonal  proj)- 
crty  or  effects  taken  from  prisoners  brought  to  the  stationhouse  and 
detained  therein.     This  record  shall  be  kept  in  a  l)()()k  prepared  for 


Report  from 
sigrnal  boxes 
lialf   hourly. 


Inspect    meii'i 
dress,    etc. 


Station    House 
Keepers— sub- 
ject   to    Chief 
and  Captains. 


Names    to    hv 
kept   and    time 
record. 


Record    of 
property 
taken   from 
prisoners. 


I 


Part  III. — Ordinances.  387 


that  purpose,  and  each  lot  of  effects  must  be  numbered  and  tagged 
corresponding  with  the  nuiiilxT  and  naine  entered  on  tlie  docket.' 

Sec.  16G0.     It  will  be  the  duty  of  the  stationhouse  keepers  to  see 
that  the  call  men  respond  promptly  to  every  call  coming  in  for  police  ^^„  ''respon^d'' 
service.     During  the  absence  of  the  call  men,  they  will  answer  calls  p"'"'"''"-^'" 
coming  in  by  telephone,  making  a  note  tliereof,  and  have  same  an- 
swered as  promptly  as  possible.     They  will  be  held  equally  responsible 
with  the  call  men  for  any  neglect  or  failure  in  responding  to  calls. 

Sec.  16G1.     They  will  have  charge  of  the  turnkeys  on  their  respec- Have  charge  of 
five  watches,  and  will  see  that  the  prisoners  are  properly  handled  and  *^"'"'^*'-^*- 
fed  by  them. 

Sec.  1662.     They  will  not  allow  any  person  or  persons  to  occupy  Kcpp  out  por- 
their  office  without  permission  of  the  officer  in  charge,  except  persons  bu^tn^ss  who 
on  business.     No  person  except  the  city  officers  will  be  allowed  to  ex- bJToks^''"^"'"^ 
amine  their  books,  except  by  written  permission  from  the  Chief  of 
Police. 

Sec.  1663.  It  shall  be  their  duty  to  report  to  the  officer  in  charge 
any  officer  or  member  of  the  department  who  shall  introduce,  or  cause  one  bringing 
to  be  introduced,  into  the  stationhouse  any  liquor  or  intoxicating 
drink.  ISTo  member  of  the  force  will  be  allowed  to  use  any  vulgar  or 
profane  language  in  the  stationhouse.  The  officer  failing  to  report 
any  violation  of  this  rule,  wall  be  dealt  with  by  the  Board  of  Commis- 
sioners. 

Sec.  1664.     They  will  keep  a  correct  record  of  any  and  all  prop- 
erty recovered  bv  members  of  the  force  and  turned  over  to  them,  and '"^'^"'■'^  °f 

''  "  '  money,   etc., 

Avill  make  a  daily  report  of  same  to  the  Chief  of  Police,  and  they  will  ^h™r"  rai'todv 
be  held  responsible  for  the  safe  keeping  and  delivery  of  all  moneys 
and  property  taken  from  persons  or  delivered  to  them  by  any  and  all 
persons. 

Sec.  1665.  There  shall  be  kept  by  the  stationhouse  keepers  tw.) 
books  to  be  used  as  dockets — one  in  which  all  city  cases  shall  be  entered,  fta'te  and*""*** 
and  one  in  which  all  State  cases  shall  be  entered.  The  book  in  which  "^'^  dockets, 
the  State  cases  are  docketed  shall  be  kept  under  lock  and  key,  and  the 
stationhouse  keepers  will  not  allow  any  one  to  have  access  to  this  book 
without  special  instruction  from  the  Chief  of  Police  or  Board  of  Com- 
missioners. 

Sec.  1666.     They  shall  keep  a  book  known  as  the  Stock  or  "Pound" 
record,  in  which  all  stock  impounded,  wich  a  full  description  of  same,  or?mp^ounded 
shall  be  entered,  giving  date,  and  name  of  officer  bringing  in  such 
stock ;  also  show  by  said  record  what  disposition  was  made  of  the  stock, 
and  the  amount  received  for  taking  care  of  same. 

Sec.  1667.     The  stationhouse  keepers  will  not  allow  anv  persons, 

"  Who  mav  con- 

except  a  member  or  the  Board  of  Police  Commission,  the  Chief,  or^erse  with 

...  '  prisoners    and 

some  other  person  authorized,  to  visit  or  converse  with  a  prisoner  in  how. 


1   See  1668  to  1670. 


388  Part  III. — Ordinances. 


the  stationhouse,  except  in  the  presence  and  hearing  of  the  officer  in 
charge  or  his  assistants. 

Sec.  1668.  It  shall  be  the  duty  of  the  stationhouse  keeper,  prior 
oners'^  by  sta-'  ^°  incarceration  of  such  prisoner,  to  remove  from  the  person  of  sucti 
Keepefs""^^  prisoner  any  weapon  found  thereon,  and  in  case  such  prisoner  is  intox- 
icated at  the  time  of  his  arrest,  to  also  remove  from  his  person  any 
money,  watch,  jewelry  or  other  valuables  likely  to  be  stolen  from  the 
person  of  such  prisoner  while  in  a  state  of  intoxication,  and  to  safely 
keep  all  such  weapons  and  valuables  until  such  prisoner  is  released 
from  imprisonment  and  to  return  them  to  such  prisoner  upon  his 
release — all  this  to  be  done  under  the  supervision  of  the  Chief  of  Po- 
lice.^ ' 

Sec.  1669.     It  shall  be  the  duty  of  the  stationhouse  keeper  to  im- 

Take  receipts    mediately  record,  opposite  the   name   of   the   person  arrested,  on  the 

prisoners.  policc  dockct  of  arrcsts,  a  list  of  all  articles  taken  from  the  person  of 

any  prisoner  prior  to  his  incarceration,  and  also  to  take  from  such 

prisoner,  when  his  property  is  surrendered  to  him,  a  receipt  therefor 

in  a  book  to  be  kept  in  the  office  of  the  stationhouse  for  that  purpose. 

Sec.  1670.     In  case  of  the  delivery  of  any  person  arrested  from 

Police  Station  to  the  custody  of  the  Sheriff,  or  other  arresting  officer 

Delivering     of 

effects  in  State  01  this  or  any  other  countv  or  State,  it  shall  be  the  duty  of  the  station- 

cases.  J  ^  ^  J 

house  keeper,  as  aforesaid,  to  deliver  any  weapon  belonging  to  such 
prisoner  to  such  arresting  officer,  but  to  deliver  any  valuables  or  money 
belonging  to  such  prisoner  to  the  prisoner  himself,  and  to  take  receipts 
from  the  prisoner  and  arresting  officer  for  the  articles  delivered  to 
them  respectively.  Except  in  cases  of  intoxication  of  the  prisoner  as 
Not  search  per-  af orcsaid,  it  sliall  not  be  allowable  for  the  stationhouse  keeper  to  remove 

son  when  sober  '  ^ 

Sept  7  1893  their  valuables  from  their  persons,  unless  under  authority  of  a  search 
warrant,  duly  sworn  to  by  a  person  claiming  such  valuables,  but  it 
shall  be  allowable  for  such  stationhouse  keeper  to  receive  for  safe 
keeping  any  such  money  and  valuables  at  the  request  of  such  prisoner, 
and  in  such  case  the  same  shall  be  listed,  docketed  and  receipted  for  a.^ 
hereinbefore  provided  for. 

Sec.  1671.  The  officers  and  members  of  the  police  force  shall  de- 
Patroimen  give  "^0^6  their  wholc  time  and  attention  to  the  business  of  the  department, 
whole  time.  ^^^  ^^^  cxprcssly  prohibited  from  following  any  other  calling,  or  being 
employed  in  any  other  business  while  connected  with  the  police  depart- 
ment. Although  the  members  of  the  force  are,  by  the  rules  and  regu- 
Aiways  on  du-  lations  of  the  service,  relieved  at  certain  hours  from  the  actual  per- 
^'  formance  of  duty  on  ordinary  occasions,  yet  they  are  held  to  be  at  all 

times  on  duty,  and  must  be  prepared,  while  relieved  as  aforesaid,  to 
act  immediately  on  notice  that  their  services  are  required. 

Sec.  1672.     Each  member  of  the  force,  in  his  conduct  and  deport- 
ment, must  be  quiet,  civil  and  orderly.     In  the  performance  of  duty 

1   See  1659.     2  Stationhouse  Keepers  are  new  Station  Sergeants.     May  5.  1897. 


I 


Part  III. — Ordinances.  389 


he  must  maintain  decorum,  attention,  command  of  temper,  patience,  jj^,^^  j^^  ^^^^r- 
and  be  discreet.     At  all  times  refrain  from  harsh,  violent,  coarse/^  ""'^  ^'^"• 
profane  or  insolent  language;  and  when  required  act  with  firmness 
and  sufficient  energy  to  perform  his  duty. 

Sec.  1673.     Whenever  a  question  is  put  to  them  by  any  person,  they  Answer  qu^s- 
are  not  to  answer  it  in  a  short  or  abrupt  manner,  but  with  the  greatest  *"""  p°'''^'>'- 
possible  attention ;  and  at  the  same  time  they  are  to  avoid,  as  much  as 
possible,  entering  into  unnecessary  conversation  with  any  one.     They 

n    -.  .,!•  -I  i-i-11  Not  use  weap 

shall,  in  a  respectful  manner,  give  their  name  and  number  to  ail  per-  ons  unnecessa- 
sons  who  may  inquire,  and  shall  not  use  their  baton  or  pistol  except 
in  self-defense,  or  in  case  of  forcible  or  violent  resistance  to  them  in 
the  discharge  of  their  duty. 

Sec.  1674.     Any  member  of  the  police  force  who  has  been  known 

-'  ^  1   -1  iS  Disniisse'i    for 

to  be  under  the  influence  of  intoxicating  drink,  either  while  on  or  oft  intoxication, 
active  duty,  wall  be  dismissed  from  the  force.  All  members  of  the  force 
are  strictly  forbidden  from  drinking  any  intoxicating  drink  while  on 
duty,  or  when  off  active  duty,  while  wearing  part  of  their  uniform. 

Sec.  1675.  No  liquor  or  intoxicating  drink  shall,  upon  any  pre-  ^^^  ^^.^^  j. 
text,  be  introduced  into  the  stationhouse,  except  for  medicinal  pur- ^^^'J^'y^^  J^^- 
poses,  and  then  only  wdien  ordered  by  the  Chief  of  Police,  captain  on  ^^^  ^^^^^  ^ 
duty  or  physician  in  charge.  No  member  of  the  force,  while  in  uni-  or^Vniinr*^ 
form,  either  on  or  off  duty,  will  Ije  allowed  to  enter  any  place  where  j'n^disci^rgT^of 
any  kind  of  intoxicating  drink  is  furnished,  or  house  of  ill-fame,  or  '^"'-'■• 
gaming  house,  except  in  the  discharge  of  duty. 

Sec.  1676.     Every  member  of  the  force,  at  all  times  when  entering  j^^^j^pg,  ^^_ 
upon  duty,  must  be  neat  in  person ;  his  badge,  wreath,  clothes,  boots  'i""*''^- 
and  shoes  clean,  and  his  dress  in  conformity  with  the  rules  and  regula- 
tions.    No  member  will  be  allowed  to  go  on  duty  unless  he  has  in  his 
possession  and  on  his  person  all  the  necessary  equipments  to  be  used 
by  him  in  the  discharge  of  duty. 

Sec.  1677.     Each  member  of  the  force  while  on  duty  will  be  re- weapons,  etc., 
quired  to  carry  on  his  person  a  pistol,  baton,  fire  alarm  key,  call-box  °   ^  ''^'""^  ' 
key,  set  nippers,  whistle  and  matches,  and  failure  so  to  do  will  subject 
him  to  suspension  or  dismissal  from  the  force. 

Sec.  1678.     Patrolmen  will  continually  walk  their  respective  beats 

•^  ^  Walk    beat - 

while  on  duty.  They  must  not  walk  together  or  talk  with  each  other  avoid  talking 
when  they  meet  on  the  confines  of  their  beats,  unless  to  communicate  er  or  people, 
information  pertaining  to  their  police  duties;  and  in  such  cases  thev 
must  make  the  communication  as  brief  as  possible.  A  patrolman  must 
not  walk  or  talk  while  on  patrol  duty  with  citizens,  except  on  police 
business;  then  he  will  stand  and  hear  what  the  business  is;  if  it  re- 
quires his  immediate  attention,  attend  to  it ;  if  not,  he  will  direct  the 
person  or  persons  seeking  the  information  to  the  stationhouse. 

Sec.  1679.     No  member  of  the  force  will  be  allowed  to  absent  him- 
self  from  his  beat  unless  to  convey  a  prisoner  to  the  signal  box  or  the    ""^^  "^ 


390 


Part  III. — Ordinances. 


Know  streets, 
alleys,  build- 
ings,  etc. 


Must  report  as 
to  streetlights 
not  in  order. 


Know  people. 


stationhouse^  and  in  such  cases,  if  possible,  he  will  notify  some  ether 
officer  to  give  some  attention  to  his  beat  during  his  absence. 

Sec.  1680.  Patrolmen  must  thoroughly  acquaint  themselves  with 
all  streets,  alleys,  courts  and  buildings  within  the  limits  of  their  beat, 
and  shall,  during  their  tour  of  patrol  duty,  carefully  examine  in  the 
night-time  all  doors,  and  low  windows  of  dwelling  houses,  stores  and 
other  buildings  requiring  or  needing  examination,  to  see  that  they  are 
properly  secured;  also  rears  and  rear  gates  of  the  several  houses  or 
other  buildings  on  their  beat.  They  shall  notice  the  condition  of  all 
public  lamps  and  electric  lights,  whether  defective,  dirty,  extinguished, 
or  with  glass  broken,  and  make  a  written  report  of  same  in  a  book  kept 
for  that  purpose. 

Sec.  1681.  The  prevention  of  crime  being  the  most  important 
object  in  view,  the  patrolman's  exertions  must  be  constantly  used  to 
accomplish  that  end.  He  must  examine  and  make  himself  perfectly 
acquainted  l)y  sight  with  every  person  living  on  his  beat;  vigilantly 
watch  every  description  of  persons  passing  over  his  beat;  and,  (without 
intrusion  on  the  privacy  of  individuals),  note  all  removals  from  or 
into  the  limits  of  his  beat,  and  acquire  such  knowledge  of  individuals 
and  places  as  may  be  of  use  to  him  in  the  discharge  of  duty,  and  to  the 
utmost  of  his  power  prevent  the  commission  of  assaults,  breaches  of 
the  peace,  and  all  other  crimes  about  to  be  committed. 

Sec.  1682.  Patrolmen  shall  report  to  their  commanding  officer 
all  persons  known  or  suspected  of  being  gamblers,  receivers  of  stolen 
property,  thieves,  burglars,  women  of  bad  character,  or  offenders  of 
any  kind  who  may  live  on  or  frequently  visit  their  respective  beats. 
They  shall  use  their  best  efforts  to  locate  gaming  houses  or  rooms  on 
their  beats,  and  give  all  information  relative  to  such  places  to  their 
commanding  officer,  who  will  rejDort  sam^  to  the  Chief  of  Police. 

Sec.  1683.  When  any  person  charges  another  with  the  commission 
of  a  crime,  and  insists  that  the  person  charged  shall  be  taken  into 
custody,  the  officer  shall  require  the  accuser,  if  unknown  to  him,  to 
accompany  him  as  a  witness  along  with  the  accused  to  the  signal  box 
or  stationhouse.  After  disposing  of  the  prisoner  he  shall  then,  with 
as  little  delay  as  possible,  return  to  his  beat  and  inspect  the  same  with 
great  care,  to  see  that  no  depredations  have  been  committed  during  his 
absence. 

Sec.  1684.  Patrolmen  must,  during  the  night,  take  particular 
notice  of  all  hacks,  cabs  or  other  vehicles,  which,  under  any  circum- 
stances, or  in  any  manner  whatsoever,  excite  suspicion,  noting  their 
number  and  report  same  to  their  commanding  officer. 

Sec.  1685.     Patrolmen  must  pay  particular  attention  to  all  public 
houses  and  drinking  places  on  their  beat ;  reporting  those  that  remain 
open  in  violation  of  the  law,  or  are  noisy  or  disorderly. 
Sec.  1686.     Patrolmen  detailed  for  special  duty,  unless  otherwise 


Report   sus- 
pects  and   sus- 
pected   places. 


Arrest   on 
complaint:: 


Notice   hacks, 
etc. 


Public  houses 
and  drinking 
places. 


Part  III.— Okdixaxces.  391 


ordered,  will  report  themselves  to  the  captain  in  command  of    their  ^)^,^.^^^^^  ^^^ 
respective  watches,  each  and  every  day,  so  that  the  captain  may  return 
their  names  to  the   Stationhonse  Keeper  that  their  names  may  be 
checked  on  the  roll. 

Sec.  1687.  Ko  patrolman  will  be  allowed  to  absent  himself  i'rom  ^^^  „ff  j„ty 
duty  without  first  gaining  permission  from  his  commanding  officer  "'^'O"*  i<^=»^<'- 
through  the  Chief  of  Police  and  Chairman  of  the  Board  of  Police  Com- 
missioners. Any  member  of  the  force  being  absent  without  leave  for 
five  consecutive  roll-calls  will  cease  to  be  a  member  of  the  force,  except 
in  case  of  sickness,  when  the  certificate  of  a  repiitable  physician  will 
be  required. 

Sec.  1688.     Xo  member  of  the  force  will  be  permitted  to  solicit  or  ^^^  recom- 
sign  petitions  for  appointments  on  the  force;  or  otherwise  to  engage  "^'™p^,i°p'^'^'ggr- 
in  efforts,  or  to  use  any  influence  to  aid  persons  in  obtaining  such  ap-  ^"^''■ 
pointment. 

Sec.  1689.     Xo  member  of  the  force  will  be  permitted  to  solicit  or 
be  obliged  to  make  contributions  or  otherwise,  on  any  pretext,  to  any  iiticaT'cMW- 
person,  committee  or  association,  for  any  political  purpose  whatever. 
Xeither  shall  they  collect  money,  or  receive  anything  else  from  citizens 
or  oth'ers  for  the  purpose  of  making  presents  to,  or  bestowing  testimo-  Nor  moneys 
nials  upon  other  members  of  the  force,  or  any  other  person;  nor  shall  .-uL  ^^  ^ 
they  circulate  subscription  papers,  sell  tickets,  or  collect  money  from 
citizens  for  charitable  or  other  purposes,  without  leave  of  the  Board 
of  Police  Commissioners.     They  shall  not,  directly  or  indirectly,  ac- 
cept from  any  person,  either  liable  to  arrest  or  complaint,  or  in  cus- 
tody, or  after  he  has  been  discharged,  or  from  any  of  his  friends,  any 
gratuity,  reward  or  gift  whatsoever ;  nor  from  any  person,  money  or  presents, 
other  compensation  for  services  rendered;  nor  shall  any  member  re- 
ceive any  compensation  for  service  rendered,  or  reimbursements  for 
expenses  incurred  by  him  in  connection  with  his  official  services,  with- 
out the  approval  of  the  Board  of  Police  Commissioners;  nor  until  he 
shall  have  furnished  a  report  in  writing  of  the  nature  and  extent  of 
the  services  so  rendered,  and  a  detailed  account  of  the  expenses  so  in- 
curred. 

Sec.  1690.     Any  member  of  the  force  who  has  rendered  any  service 
that  calls  for  a  reward,  will  deposit  said  reward  when  collected  with  Rewards  coi- 

'  ^  lected   to    be 

the  Chief  of  Police,  furnishing  him  with  all  the  facts  connected  with  disposed  of  by 

'  '^  Board. 

the  case  in  writing.  The  Chief  will  furnish  the  Commissioners  with  a 
copy  of  the  said  officers  report,  and  amount  of  reward  collected,  and 
they  Avill  order  disposition  of  same. 

Sec.  1691.     The  members  of  the  force  will  be  required  to  do  reserve  p^  reserve  du- 
duty  at  the  stationhouse.     They  will  be  detailed  bv  their  commanding  *^'' 
officer,  and  in  such  numbers  as  the  emergency  may  demand. 

Sec.  1693.     Patrolmen  shall  see  that  the  sidewalks  on  their  respect-  Keep  side- 
ive  beats  are  not  obstructed  by  persons  loitering  thereon  to  the  incon-  "'^  *  °^^"' 


392 


Part  III. — Ordinaxces. 


Prosecute 
beggars    as 
grants. 


Banana    peels, 
etc.,    removed. 


Quell    disturb- 
ances. 


venience  of  other  pa.s.>engers.  When  three  or  more  per.sons  olj.'^truct 
the  sidewalk  it  is  their  duty  to  courteoush'  request  them  to  move  on, 
and  if  such  persons  unreasonably  persist  in  remaining,  they  shall  prefer 
charges  or  take  or  send  them  to  the  stationhouse.  They  shall  ascer- 
tain the  purpose  of  any  person  seen  going  from  door  to  door,  or  accost- 
ing people  on  the  streets,  and  if  such  person  is  found  to  be  begging,  or 
if  such  person  in  a  public  place  asks  or  receives  alms,  he  shall  arrest 
such  person  as  vagrant,  and  shall  arrest  all  persons  found  peddling 
without  license. 

Sec.  1693.  It  is  their  duty  to  remove  or  have  removed  from  the 
sidewalks  all  banana  and  orange  peels,  or  other  vegetable  matter  that 
is  liable  to  cause  injury  to  pedestrians. 

Sec.  1694.  It  is  their  duty  when  a  disturbance  occurs  to  instantly 
proceed  to  the  spot  and  use  their  best  efforts  to  preserve  the  peace  and 
to  restore  order.  If  any  person  has  committed  on  offense,  or  by  loud 
outcries,  or  otherwise  persisted  in  disturbing  the  peace,  the  person 
offending  shall  be  taken  in  custody  and  conve3'ed  or  sent  to  the  sta- 
tionhouse. They  may  question  any  person  whom  they  shall  have 
reason  to  suspect  of  any  unlawful  design,  and  may  demand  of  him  his 
business  and  where  he  is  going.  This  authority  must  be  exercised 
with  great  caution. 

Sec.  1695.  Patrolmen  will  be  vigilant  to  discern  on  their  respect- 
ive beats  all  cases  of  malignant,  infectious  or  epidemic  diseases,  and 
report  the  same  promptly  to  their  commanding  officer. 

Sec.  1696.  Patrolmen  shall  at  all  times  be  courteous  and  polite  to 
citizens  and  strangers,  both  white  and  colored,  doing  everything  in 
their  power  to  receive  the  commendation  of  every  one  with  whom 
they  come  in  contact. 

Sec.  1697.  Members  of  the  department  must,  on  all  occasions,  be 
civil  and  respectful  to  their  officers  and  to  each,  other. 

Sec.  1698.  Xo  member  of  the  force  shall  communicate  any  in- 
formation respecting  any  special  orders  he  may  have  received,  except 
with  the  permission  and  direction  of  his  superiors  in  office.  A  viola- 
tion of  this  rule  will  subject  the  offender  to  dismissal  from  the  force. 

Sec.  1699.  If  any  member  of  the  force  observes  in  the  street,  side- 
walk or  alley  anything  of  a  dangerous  character,  or  likely  to  occasion 
public  inconvenience,  or  anything  which  seems  to  him  irregular  or 
offensive,  he  shall  report  the  same  immediately  on  his  return  to  the 
stationhouse,  with  full  particulars  of  the  case  and  his  action  thereon. 
If  he  cannot  remove  or  correct  the  evil,  he  must  report  the  same  from 
the  nearest  call-box.  It  is  their  duty  to  watch  important  crossings, 
and  assist  and  protect  pedestrians  at  such  crossing  points. 

Sec.  1700.  Patrolmen  shall  cause  all  children  who  have  strayed,  or 
infants  who  have  been  abandoned,  to  be  sent  to  the  residence  of  their 


Report   conta- 
gious  diseases. 


Politeness    re- 
quired. 


Dismissed  for 
betraying  spe- 
cial orders. 


Report  defects 
in  streets  or 
sidewalks. 


Look  after  lost 
children. 


Part  III. — Ordikances.  393 


parents,  if  known,  and  witJiin  the  boundaries  of  their  beats;  and  if 
not,  send  them  to  the  statiojihouse. 

Sec.  1701.  When  a  patrolman  discovers  a  fire  lie  sliall  first  ascer- 
tain if  it  can  be  extinguished  without  alarm;  and  if  not,  he  will  at  ^'•""'  "^  '""''"• 
once  proceed  to  the  nearest  signal  box  and  give  the  alarm.  When  he 
gives  an  alarm  he  shall  remain  a  while  near  the  box  to  direct  firemen 
when  they  arrive.  He  shall  note  the  time  when  he  gives  an  alarm  or 
hoars  one,  and  any  circumstances  connected  therewith  which  may 
seem  to  be  of  importance. 

Sec.  1702.     In  all  cases  of  accident  or  illness  in  the  streets,  the  po- 
lice are  to  render  all  assistance  in  their  power  by  sending  for  medical  hu'n  ^rnfon 
aid  or  by  assisting  sufferers  to  their  homes  or  to  the  hospitals.     In  case  ^f'"'"''**- 
iin  ambulance  or  patrol  wagon  is  required,  they  will  send  in  a  call  from 
the  nearest  signal  box.     They  shall  make  full  WTitten  reports  of  all 
cases  of  accident  and  injuries  to  persons  or  property  which  may  come  Report  such 
to  their  notice,  and  such  reports  shall  be  entered  on  the  record  at  sta-  nessk"' 
tionhouse.     When  it  is  alleged  that  an  injury  to  persons  or  property 
has  been  caused  by  defects  or  obstructions  in  the  pviblic  streets,  they 
Avill  take  immediate  measures  to  obtain  all  information  which  would 
be  of  value  in  determining  the  cause  of  the  injury,  to  ascertain  whether 
any  liability  rests  upon  the  city  or  the  abutters.     They  will  collect  the 
names  and  addresses  of  all  persons   who    saw   the    accident,  or  know 
particulars  concerning  it.     In  cases  of  injury  to  policemen,  every  rea-  jured  are  to  re- 
sonable  effort  shall  be  made  to  secure  services  of  Citv  Phvsicians,  as  vices  of  city 

.  ■  '  Physicians. 

provided  m  Section  732. 

Sec.  1703.     Patrolmen  w411  prefer  charges  against  or  arrest  all  par- 

Arrest    reckless 

ties  who  drive  any  vehicle  at  a  reckless  speed  through  the  streets  of  the  drivers, 
citv,  and  take  or  send  them  to  the  stationhouse.     Thev  will  strictly 

i?  1  •  T  •    •  n       •         T        1  '  Til  Require   lights 

enforce  the  city  ordinance  requiring  all  city  hacks  to  carry  lighted  and  numbers 
lamps  during  the  night-time,  and  display  their  respective  numbers  on 
said  lamps. 

Sec.  1704.     Patrolmen  Avill  note  all  dangerous  places  or  obstruc-  p^^^^   ^^^ 
tions  in  the  streets,  sidewalks  or  alleys,  and  see  that  same  is  marked  ''"''^^  '•^^,  '^^^- 

'  J    '  gerous   places. 

by  a  red  light  kept  burning  on  every  such  place  or  obstruction  during 
the  night-time,  and  report  same  in  a  book  kept  by  the  Stationhouse 
Kee]ier.     If  urgent,  report  the  same  to  the  stationhouse  from  the  near-  patrolmen 
est  signal  box.     They  shall  report  all  electric  lights  not  giving  light  S'sTio^^  ""^ 
on  their  respective  beats,  as  provided  in  Section  1272  (a).  burning. 

Sec.  1705.  The  members  of  the  Police  Department  are  required  to 
speak  the  truth  at  all  times  and  under  all  circumstances,  whether  under 
oath  or  otherwise.  Any  who  wilfully  depart  from  the  truth  are  con- 
sidered unfit  for  the  service,  and  will  be  immediately  dismissed.  In 
cases  where  they  are  not  allowed  by  the  rules  of  the  service  to  divulge 
the  facts  within  their  knowledge,  they  will  say  nothing. 

Sec.  170G.     Patrolmen  are  strictly  prohibited  from  criticising   the 


394  Part  III. — Ordixaxces. 


Not  criticise      official  flcts  of  their  suioeriors  in  office.     If  any  officer  is  known  to 
superiors.  them  of  having  conducted  himself  in  an  unbecoming  manner,  or  vio- 

lated the  rules  of  the  department,  they  must  prefer  charges  against 
said  officer  according  to  the  rules  and  regulations  governing  the  same. 
Sec.  1707.  Members  of  the  force  who  obtain  credit  by  virtue  of 
Pay  debts  their  being  employed  by  the  city  as  policemen,  and  contract  debts  for 
uniforms,  clothing,  house  rent  and  other  necessaries  for  themselves 
and  families,  and  who  fail  to  pay  for  same  according  to  promise,  are 
to  be  considered  guilty  of  unofficer-like  conduct,  and  may  be  dismissed 
from  the  force. 

Sec.  1708.  Xo  member  of  the  force  shall  wilfully  maltreat  or  use 
Not  maltreat  i^nmecessary  violence  to  any  person  while  under  arrest  or  being  arrested, 
prisoners.  ^^j  policeman  who  shall  be  convicted  of  using  his  office  v,dth  malice  to 

oppress  or  persecute,  or  annoy  any  person  or  persons,  shall  be  sus- 
pended or  dismissed  from  the  force. 

Sec.  1709.  Xo  officer  or  member  of  the  police  force  will  be  allowed 
Not  be  active  ^0  advocatc  tlie  claims  of  any  person  for  any  office,  whether  city.  State, 
m  politics.       county  or  Xational  Government. 

Sec.  1710.  Property  coming  into  the  possession  of  the  members  of 
Delivery  of  the  department,  supposed  to  be  stolen  or  lost,  shall  be  given  to  the 
stolen  property  ^g-^^^.  -^^  ^.j^^^,^^  ^^  ^j^^  stationhousc,  wh.^  shall  scud  it  to  the  Chief 

with  his  daily  report. 
Not  smoke,  Sec.  1711.     Patrolmen  will  not  be  allowed,  during  their  tour  of 

patrol  duty,  to  smoke,  carry  umbrellas  or  walking  canes. 

Sec.  1712.     Patrolmen,  during  their  tour  of  patrol  duty,  will  report 
an  hour  or  of-  froui  tlic  signal  boxcs  to  operator  at  the  stationhouse  once  every  hour, 
and  oftener,  if  so  ordered  by  the  Chief  of  Police. 

Sec.  1713.     Patrolmen  shall  remain  on  their  respective  beats  until 
stay  on  beats,  the  relief  going  on  duty  arrives  on  their  beats  to  relieve  them.     They 
will  then  proceed  to  the  place  of  rendezvous,  and  march  to  the  station- 
house  in  a  body.     This  rule  will  be  rigidly  enforced. 

SEC.'171-t  Every  member  of  the  force  will  be  required  to  read  and 
study  ordi-  study  the  City  Code,  that  they  may  become  perfectly  familiar  with  all 
nances.  city  Ordinances,  thereby  fitting  themselves  to  act  intelligently  on  all 

occasions  where  their  services  are  needed. 

Sec.  1715.     Any  member  of  the  Police  Department  changing  his 
Report  change  P^^cc  of  residence  while  in  the  service  of  the  city,  must  report  such 
of  residence,      change  to  the  clerk  in  the  Chief's  office,  who  will  register  his  place  of 
residence,  street  and  number. 

Sec.  171(i     It  is  the  duty  of  every  member  of  the  force  to  make 
Know  rules,      himsclf  thoroughly  familiar  with  the  rules  and  regulations  governing 
the  department.     A  plea  of  ignorance  in  the  violation  of  any  rule  will 
not  be  accepted  as  an  excuse. 

Sec.  1717.     All  cattle  found  running  at  large  shall  be  taken  up  by 
any  member  of  the  police  force  and  confined  in  a  place  to  be  provided 


Part  III. — Ordinances.  395 


for  that  purpose,  and  an  inipoimding  fee  of  one  dollar  shall  be  charged, 
and  fifty   cents   for   each    day   said   cattle   is   impounded;    provided, 
nothing  herein  contained  shall  be  construed  to  repeal  existing  laws  •^""'^  ^^'  ^^'■'^■ 
relative  to  how  such  impounded  stock  shall  be  sold,  and  what  disposi- 
tion shall  be  made  of  the  proceeds. 

Sec.  1718.  The  police  authorities  of  the  City  of  Atlanta  are  hereby  s;,.ni„g  ^.(^3,.. 
specially  cliarged  and  instructed  to  most  rigidly  enforce  and  bring  to  ''"''^■ 
trial  all  parties  who  violate  the  State  enactment  in  regard  to  selling  or 
furnishing  cigarettes  or  cigarette  materials  to  minors.  Any  dealer  or 
agent  keeping  on  hand  for  the  purpose  of  selling,  giving  or  furnish- 
ing cigarettes  or  cigarette  materials  that  have  been  adulterated  with 
opium.  Indian  hemp  or  any  compound  thereof,  sliall,  upon  conviction 
before  the  Recorder's  Court,  for  each  offense,  pay  a  fine  of  not  less 
than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dol- 
lars, or  serve  not  more  than  thirty  days  upon  the  public  works  of  said 
city,  either  or  both,  at  the  discretion  of  the  court ;  provided,  that 
nothing  herein  contained  shall  apply  to  wholesale  dealers  in  furnishing 
the  wholesale  or  retail  trade  outside  of  Fulton  county. 

Sec.  1719.     It  shall  be  the  duty  of  the  policemen  to  report  to   the  j^eaks  in  water 
Superintendent  of  the  Waterworks  any  unnecessary  leaks  in  the  water  ^'p®®' 
pipes,  hydrants  or  private  sprinklers  that  they  may  notice  in  their  "'^^"^  ^^'  "^^'^^" 
rounds,  and  they  shall  have  authority  to  enter  any  premises  where 
any  useless  waste  of  water  may  appear,  and  notify  the  owner  or  tenant 
of  the  same,  and  if  such  waste  is  not  stopped,  a  case  shall  be  made 
before  the  Recorder's  Court  against  the  person  allowing  such  waste, 
and,  on  conviction,  the  offender  shall  be  fined  not  exceeding  ten  dol- 
lars and  costs,  or  imprisonment  not  exceeding  thirty  days. 

Sec.  1720.  Junk  dealers  are  hereby  required  to  keep  records  and  junk  dealers. 
make  reports  concerning  the  purchase  by  them  of  machinery  or  parts 
or  appliances  thereof,  or  any  appliance  of  a  railroad  shop  or  gas  com- 
pany, or  of  the  waterworks,  or  of  any  compress  company,  or  telegraph 
and  battery  materials,  or  of  sample,  waste  or  loose  cotton,  or  grates  or 
any  part  thereof,  or  gas  or  water  meters  or  fixtures,  or  similar  articles, 
under  the  penalty  prescribed  by  the  next  preceding  section  of  this 
Code. 

Sec.  1721.     Officers  and  patrolmen  doing  mounted  duty  will  be  re- 
quired to  perform  patrol  duty  on  foot  when  so  ordered.     They  are   to  must  do  "foot 
dress  in  the  uniform  of  the  mounted  police  force,  and  each  patrolman  quired, 
must  take  the  entire  care  of,  and  will  be  held  responsible  for,  the  good 
condition  and  safe-keeping  of  the  equipments  assigned  to    his    use. 
They  must  take  special  care  of  the  horses,  and  will  be  required  to  keep 

i-i  11  IT.,-.  ,,,,  Care    for   their 

them  well  groomed,  and  will  not  be  allowed  when  going  off  duty  to  '>°'ses. 
stable  their  horses  until  they  have  been  properly  rubbed  down  "and 
cooled  off. 

Sec.  1722.     Members  of  the  force  detailed  to  perform  call    duty 


396 


Part  III. — Ordinances. 


Call  men  re- 
spond  prompt- 
ly- 


Wagon  men's 
duty  and  re- 
sponsibilitj'. 


Duty   of   Turn- 
keys. 


As   to   cells, 
etc. 


As  to  closets. 


will  be  held  responsible  for  prompt  and  respectful  response  to  all  calls 
sent  in  by  telephone  or  otherwise,  requiring  the  services  of  a  police- 
man, and  make  full  report  of  such  calls  to  the  captain  in  command  of 
their  watch. 

Sec.  1723.  Members  of  the  force  detailed  to  drive  patrol  wagons 
will  be  held  responsible  for  the  condition  of  their  wagons,  harness  and 
horses.  They  will  keep  their  harness  well  oiled  and  cleaned,  horses 
well  groomed  and  their  wagons  in  a  neat  and  clean  condition.  They 
will  report  promptly  to  the  Chief  of  Police  anything  that  may  render 
their  horses,  harness  or  wagons  unfit  for  service.  They  will  be  prompt 
in  answering  all  calls  sent  in  for  wagon  service,  and  will  perform  such 
other  duties,  from  time  to  time,  as  the  officer  in  charge  of  their  watch 
may  order  them  to  do. 

Sec.  1724.  Any  member  of  the  force  performing  the  duties  of  a 
turnkey  will  be  required  to  see  that  all  prisoners  coming  to  the  station- 
house  are  treated  kindly  and  in  a  humane  manner,  and  that  they  are 
properly  fed  and  supplied  with  water.  They  will  see  that  the  prison 
cells  and  corridors  are  kept  in  a  neat  and  clean  condition,  and  that 
all  bedding  furnished  prisoners  is  kept  clean.  They  will  cause  the 
bedding  used  by  prisoners  to  be  exposed  as  often  as  possible  to  the  sun, 
that  it  may  be  freed  from  bad  odors  and  other  things  of  an  offensive 
nature.  They  will  see  that  the  closets  in  the  cells  are  properly  flushed, 
and  disinfectants  used  to  the  best  advantage.  They  will  report  all 
cases  of  sickness  among  the  prisoners  to  the  captain  in  charge  of  the 
watch,  and  will  perform  such  other  duties  as  may  be  required  of  them 
bv  their  superiors  in  office. 

Sec.  1725.  The  custodian  of  the  stationhouse  will  have  control  of 
the  janitors  and  hostlers,  and  will  be  held  responsible  for  the  cleanly 
condition  of  every  part  of  the  stationhouse.  He  must  examine  daily 
all  water  closets,  registers  and  water  pipes,  and  see  that  they  are  kept 
in  perfect  order.  He  will  see  that  all  the  bedding  used  in  the 
stationhouse,  either  by  reserve  force  or  prisoners,  is  kept  in  a  neat 
and  clean  condition,  and  that  the  stationhouse  is  supplied  with  towels. 
He  will  have  the  care  of  the  g-uns  and  ammunition  used  by  the  depart- 
ment, and  will  see  that  the  guns  are  kept  clean  and  in  perfect  order. 
He  will  superintend  in  person  the  feeding  of  all  stock  kept  in  the  de- 
partment's stables,  and  know  that  they  have  been  properly  fed  and 
cared  for.  He  will  be  subject  to  the  orders  of  the  Chief  of  Police  and 
captain  of  the  watch,  and  will  perform  any  other  duties  required  of 
him.     He  will  be  held  responsible  for  waste  of  gas  and  electric  lights. 

Sec.  1726.  The  Signal  System  of  the  Police  Department  will  be  in 
charge  of  a  superintendent  and  two  operators,  under  the  supervision  of 
the  Chief  of  Police  and  captain  of  the  watch. 

Sec.  1727.  The  superintendent  will  be  required  to  keep  up  all  wires 
operated  by  the  system,  together  with  all  signal-  boxes,  tele})hones.  bat- 


Custodian's 
duty. 


As  to  station 
House. 


Subject  to 
Chief  and 
Captains. 


Superintend- 
ent and  sys- 
tem. 


Part  111. — Ordixances.  397 


teries  and  telegrapli  appurtenances,  and  will  be  held  responsible  for  p^^^^.  ^j  ^^^^^ 
any  and  all  defects  in  the  good  working  order  of  the  system.     He  will  int<^ndenr. 
relieve  operators  going  to  their  meals,  and  will  perform  such  other  du- 
ties as  the  Chief  may  order. 

Sec.  1728.     The  stationhouse  will  be  provided  with  two  operators,  operators. 
One  or  the  other  will  be  on  duty  at  all  times,  and  will  be  required  to 
give  his  whole  time  and  attention  while  on  duty  to  the  operator's  desk. 
The  hours  of  duty  they  will  perform  will  be  designated  by  the  Chief 
of  Police. 

Sec.  1729.  Operators  will  be  provided  with  operator's  blank  report  p^,^^.  ^j  opera- 
sheets,  on  which  they  will  register  the  names  of  the  members  of  each  '°''^" 
watch  going  on  duty.  They  will  keep  a  correct  record  of  all  reports 
over  telephone,  and  signal  calls  sent  in  by  the  members  of  the  force, 
recording  the  exact  time  such  report  was  received.  They  will  be  very 
careful  in  receiving  reports  from  patrolmen  through  telephone;  and, 
as  far  as  possible,  become  familiar  with  each  man's  voice,  and  will  not 
allow  any  one  patrolman  to  report  for  another  member  of  the  force. 
They  will  report  to  the  Chief  in  their  daily  report  every  member  of  the 
force  who  fails  to  report  from  the  signal  boxes,  as  provided  for  in  rule- 
governing  same. 

Sec.   1730.     Operators  will  he  held  responsible  for  any  delay  in  an- 
swering calls  for  wagon  or  ambulance  service.     When  such  calls  com;-  Report  caiis. 
in  they  are  to  immediately  transmit  same  to  the  stables,  and  will  report 
to  the  Chief  of  Police  and  captains  of  the  watch  any  negligence  or 
delay  on  the  part  of  the  wagon  men  in  answering  calls. 

Sec.   1731.     Members  of  the  force  detailed  to  do  reserve  duty  will 
i-espond  promptly  to  all  alarms  of  fire  which  come  in  from  fire  alarm 
boxes  located  in  the  districts  calling  for  the  reserve  force,  and  no  other,  sency  caiis, 
except  upon  orders  from  their  superior  officer.     They  will  also  respond  etc. "  ^™^' 
promptly  to  all  emergency  calls. 

Sec.  1732.     There  shall  be,  when  necessary,  two  engineers  employed 
at  the  stationhouse.     They  shall  be  designated  as  first  and  second  en-  Engineers, 
gineer.     The  hours  of  duty  they  will  perform  will  be  ordered  by  the 
Chief  of  Police. 

Sec.  1733.     The  first  engineer  will  have  charge  of  the  furnaces  and 
boilers,  and  will  be  held  responsible  for  their  good  condition  and  per-  '^''"''  '^''^'^^■ 
feet  working  order.     He  will  be  required  to  keep  up  all  heating  regis- 
ters, water  pipes,  gas  pipes,  water  closets  and  connections  thereto,  and 
perform  such  other  duties  as  the  Chief  of  Police  may  order. 

Sec.  1734.  The  second  engineer,  when  on  duty,  will  be  held  equally 
responsible  with  the  first  engineer  for  any  defect  or  deficiency  in  the 
working  order  of  any  of  the  machinery  connected  with  the  station- 
house. 

Sec.  1735.     Special  policemen  appointed  upon  any  emergency    or  Special  poiice- 
apprehension  of  riot,  tumult,  mob,  in.surrection  or  invasion,  or  durino-  duty7""*'^^^~ 


398 


Part  III. — Okdixances. 


Private 
watchmen. 


Subject   to   of- 
ficers  of    the 
department. 


Requisites    of. 


any  day  of  public  election,  shall  have  all  the  powers  and  privileges  and 
perform  all  the  duties  that  may  be  by  the  rules,  orders  and  regulations, 
from  time  to  time  prescribed.  They  shall  wear  a  badge  prescribed 
and  furnished  by  the  Board  of  Police  Commissioners. 

Sec.  1736.  Private  M^atchmen  appointed  upon  the  application  or  at 
the  expense  of  railroads  or  other  corporations,  or  of  individuals,  shall 
have  the  powers  and  exercise  the  duties  of  patrolmen,  only  at  the  place 
designated  in  their  license,  and  during  their  hours  of  duty,  or  when 
called  upon  by  regiilar  oificers  of  the  force.  They  shall  be  subject  to 
the  orders  of  the  Chief  of  Police,  captains  and  sergeants,  and  shall 
obey  the  rules  of  the  Board  of  Police  Commissioners.  They  shall  be 
removed  at  any  time  by  the  Board  of  Police  Commissioners  without 
assigning  any  cause  therefor,  after  due  notice  being  given  to  the  per- 
son or  persons  who  applied  for  the  appointment  aforesaid.  They  will 
be  required  to  wear  a  special  police  badge. 

Sec.  1737.  Xo  person  will  be  appointed  a  private  watchmen  who 
i.-5  under  twenty-one  or  over  sixty  years  of  age,  or  who  is  not  a  citizen 
ol  the  City  of  Atlanta ;  or  who  is  not  able  to  read  and  write  the  English 
language  understandingly ;  or  who  is  not  of  good  moral  character ;  or 
who  has  ever  been  convicted  of  crime. 

Sec.  1738.  Any  member  of  the  police  force  may  be  punished  by 
the  Board  of  Police  Commissioners,  in  its  discretion,  either  by  repri- 
mand, forfeiture  of  pay  for  not  exceeding  thirty  days  for  any  one 
offense,  by  being  reduced  in  rank,  or  by  dismissal  from  the  force,  upon 
conviction  of  any  one  of  the  following  offenses,  to-wit :  Intoxication ; 
any  act  of  insubordination  or  disrespect  towards  a  superior  ofiicer; 
any  act  of  oppression  or  tj^ranny;  neglect  of  duty;  violation  of  the 
rules ;  neglect  or  disobedience  to  orders ;  any  legal  offense ;  absent  with- 
out leave;  immoral  conduct;  conduct  unbecoming  an  officer;  conduct 
injurious  to  the  public  peace  and  welfare ;  incapacity,  mental,  physical 
or  educational ;  any  breach  of  discipline ;  neglecting  or  refusing  to  pay 
a  debt  for  uniform,  clothing,  or  for  rent  or  the  necessaries  of  life; 
contracting  a  debt  under  false  or  fraudulent  pretenses ;  continued  and 
persistent  neglect  to  pay  just  debts;  communicating  information  re- 
lating to  police  work  without  permission ;  sitting  down  while  on  patrol 
duty ;  conversing  during  the  tour  of  patrol  duty  with  any  other  member 
of  the  force  or  a  citizen,  except  when  in  the  proper  discharge  of  duty ; 
not  properly  patrolling  his  beat  during  his  tour  of  patrol  duty:  failing 
to  detect  a  crime  committed  on  his  route  during  his  tour  of  patrol 
duty;  unnecessary  absence  from  his  beat  during  his  tour  of  jjatrol 
duty;  any  other  act  contrary  to  good  order  and  discipline,  or  consti- 
tuting neglect  of  duty,  or  a  violation  of  the  rules  of  the  department. 
The  Board  of  Police  Commissioners  are  hereby  clothed  with  authority 
to  dismiss  from  said  force  any  officer  or  member  thereof  who  shall  be,  . 
in  the  judgment  of  said  commission,  generally  inefficient  in  the  dis- 


Board   may 
dismiss    an 
officer  for 
causes. 


Part  III. — Ordinances.  399 


charge  of  his  duties;  and  every  police  officer  or  patrolman  hereafter 
elected  or  appointed  on  the  police  force  of  the  City  of  Atlanta  shall 
take  office  subject  to  removal  by  the  Board  of  Police  Commissioners  as 
herein  provided  for,  and  it  shall  apply  to  officers  and  members  here- 
after reappointed  to  positions  on  said  force,  as  well  as  those  hereafter 
to  be  appointed  in  the  first  instance. 

Sec.  1739.     Charges  preferred  against  any   member    of    the    force  charges  pre- 
mast  be  made  in  writing  and  verified  by  the  oath  of  the  complainant,  ilig.^ 
■except  charges  made  by  an  officer  of  rank,  which  may  l)e  in  writing 
without  oatb.     Any  member  of  llie  force  wliose  character  has  been 
compromised,  may  have  an  inquiry  as  to  the  truth  of  any  cluirges  made 
against  him. 

Sec.  174U.     Commanding  officers  shall  prefer  charges  against  any 

'^  '■  o  o  .    of{i(^^et-s    prefer 

of  their  subordinates  who  shall  fail  to  discover  a  homicide,  burglary,  or  charges, 
serious  breach  of  the  peace  committed  on  their  beats  during  their  tour 
of  patrol  dut}',  or  who  shall  fail  or  neglect  to  take  proper  measures  to 
arrest  any  person  or  persons  guilty  of  such  an  offense. 

Sec.  1741.     Complaints  made  at  the  stationhouse  by  citizens  against  ^^^^^  ^^  ^^^ 
police  officers,  shall  be  taken  down,  in  writing,  by  the  officer  in  charge,  b'^pftf^gng*'^* 
and  transmitted  to  the  Chief,  who  shall  cause  such  charges  and  speci- 
fications to  be  framed  and  the  complainant  notified  to  appear  and  make 
affidavit  to  the  same.     In  case  the  complainant  does  not  appear  within 
forty-eight  hours  after  notice,  the  complaint  shall  be  dismissed. 

Sec.  1742.     Whenever  charges  shall  be  preferred  against  any  police  p^^^.^^^^  ^^^ 
officer,  who  has  been  before  convicted  of  anv  offense  bv  the  Board  of  yictions  noted 

in  charges. 

Police  Commissioners,  the  fact  of  such  prior  conviction  and  the  date 
thereof  shall  be  entered  thereon. 

Sec  1743.  Trials  of  police  officers  will  be  held  at  such  times  as 
may  be  ordered  by  the  Board  of  Police  Commissioners.  Xotice  of  the  J^lfl  '"^°"' 
time  and  place  of  the  trial,  together  with  a  copy  of  the  charges  and 
specifications,  shall  be  served  on  the  accused  party  at  least  two  days  be- 
fore the  time  of  trial,  including  the  day  of  service.  Such  notice  shall 
be  served  by  delivering  it  to  the  accused  in  person,  or  by  leaving  it  at 
his  last  and  usual  place  of  abode.  The  examination  and  cross-exami- 
nation of  all  the  witnesses  shall  not  occupy  more  than  one  hour.  Wit- 
nesses shall  be  sworn  and  examined  separately  and  apart  from  each 
other,  at  the  discretion  of  the  Board  of  Police  Commissioners. 

Sec.  174-1.     All  judgments  of  the  Board  of  Police  Commissioners 
shall  be  in  writing  and  duly  entered  upon  the  record.     Judgments  ac-  re'alf^rroii- 
quitting,   fining,   reprimanding  or   discharging  any  member   of  the  '^'*"^' 
force,  together  with  the  substance  of  the  charges  and  specifications  on 
-v^hich  they  are  based,  shall  be  read  at  the  stationhouse  at  the  three 
roll-calls  next  succeeding  the  receipt  thereof. 

Sec.  1745.     The  oath  of  Commissioners  is:     I  swear  that  I  will 
faithfully  and  impartially  demean  myself  as  a  Commissioner  of  Police  ficers. 


400 


Part  III. — Ordinances. 


^  .1.     f  ffi      diirino;  mv  continiiancG  in  office.     1  have  not,  in  order  to  influence  mv 

Oaths  of  offi-  &       ^  ' 

cers.  election  to  this  office  of  Commissioner,  diriectly  or  indirectly,  expressly 

or  impliedly,  promised  my  vote  or  support  to  any  person  for  any  office 
in  the  City  of  Atlanta,  nor  for  any  other  office.  I  will  not,  know- 
ingly, permit  my  vote,  in  the  election  or  appointment  of  any  person  to 
position  on  the  police  force,  to  be  influenced  by  fear,  favor  or  affection, 
reward,  or  the  hope  thereof;  but  in  all  things  pertaining  to  my  said 
office,  I  will  be  governed  by  my  conviction  of  the  public  good. 

Sec.  174(5.     The  oath  of  Chief  of  Police  is  :     I, ,  do 

Oath  of  Chief,  solemnly  swear  that  during  my  continuance  in  the  office  of  Chief  of 
Police,  I  will,  to  the  best  of  my  skill  and  ability,  faithfully  discharge 
all  the  duties  of  said  office,  and  in  all  cases  conform  to  and  enforce  the 
criminal  laws  of  the  State  of  Georgia,  the  ordinances  of  the  City  of 
Atlanta,  that  may  come  to  my  knowledge  applicable  to  the  Police  De- 
partment, and  all  the  rules  governing  the  police  force.  I  do  further 
swear  that  I  will  not  use  said  office  to  oppress  or  shield  any  one,  and 
that  I  will  safely  keep  and  account  to  the  Board  of  Police  Commission- 
ers for  all  moneys  and  property  that  comes  into  my  possession;  nor 
will  I  be  influenced  in  the  discharge  of  said  duty  by  fear,  favor  or 
affection,  reward,  or  the  hope  thereof,  and  in  all  my  acts  and  doings  I 
will  be  governed  by  the  ordinances  of  the  city,  the  criminal  laws  of  the 

State,  and  the  public  good.     So  help  me,  God 

I  certify  that  tlie  above  named  officer  has  taken  the    foregoing    oatli. 

Chairman  B.  P.  C.     Atlanta,  Ga., 1 .  . 

Sec.  1747.     The  oath  of  Assistant  Chief  is :    I, 

Oath  of  Assist-  Assistant  Chief  of  Police  and  Chief  of  Police  Detectives,  do  solemnly 
swear  that  during  my  continuance  in  office,  I  will,  to  the  best  of  my 
skill  and  ability,  faithfully  discharge  the  duties  of  said  office,  and  all 
other  duties  required  of  me  by  the  rules  governing  the  Police  Depart- 
ment, and  in  all  cases  conform  to  the  criminal  laws  of  the  State  of 
Georgia  and  the  ordinances  of  the  City  of  Atlanta,  and  report  all  vio- 
lations of  same  that  may  come  to  my  knowledge.  I  do  further  swear 
that  I  will  use  my  best  efforts  to  detect,  arrest  and  prosecute  all  crimi- 
nals, to  recover  all  stolen  property,  and  have  the  same  restored  to  its 
rightful  owners,  taking  a  receipt  therefor  in  a  book  kept  for  that  pur- 
pose; that  I  will  deliver  to  the  Chief  of  Police,  when  called  upon,  all 
unclaimed  money  or  property  that  may  come  into  my  possession  or  the 
possession  of  the  Detective  Department,  taking  a  receipt  for  same.  1 
do  further  swear  that  I  will  not,  in  any  way,  lend  myself  to  the  perse- 
cution of  the  innocent,  nor  shield,  or  help  to  shield,  the  guilty  from 
punishment ;  nor  unlawfully  extort,  or  help  to  extort,  any  money  or 
other  property  from  any  person  whatsoever ;  nor  will  I  be  influenced  in 
the  discharge  of  my  duty  by  fear,  favor  or  affection,  reward,  or  the 
hope  thereof;  and  in  all  my  acts  and  doings  I  will  be  governed  by  the 
laws  applicable  to  the  Police  Department,  and  my  conviction  of  the 


Part  III. — Ordinances. 


public  good.     So  help  me,  God I  certify  that 

the  above  named  officer  has  taken  the  foregoing  oath 

,  Chairman  B.  P.  C.     Atlanta,  Ga., 1 .  . 

Sec.  1748.     The  Oath  of  Captain  i,< :     I , 

Captain  of  Police,  do  solemnly  swear  that  during  my  continuance  intatn.  °  ^^ 
said  office,  I  will,  to  the  best  of  my  skill  and  ability,  faithfully  dis- 
charge all  the  duties  required  of  me,  and  execute  the  orders  of  my 
superior  officer,  and  in  all  cases  conform  to  and  enforce  the  criminal 
laws  of  the  State  of  Georgia,  the  ordinances  of  the  City  of  Atlanta, 
and  the  rules  governing  the  Police  Department,  and  report  all  viola- 
tions of  same  that  may  come  to  my  knowledge.  I  will  not  persecute 
the  innocent,  nor  help  to  shield  the  guilty  from  punishment;  nor  will 
I  be  influenced  in  the  discharge  of  my  duty  by  fear,  favor  or  affection, 
rew^ard,  or  the  hope  thereof ;  and  in  all  my  acts  and  doings  I  will  be 
governed  by  the  laws  applicable  to  the  Police  Department  and  my  con- 
viction of  the  public  good.     So  heln  me,  God 

I  certify  that  the  above  named  officer  has  taken  the  foregoing    oath. 
,  Chairman  B.  P.  C.    Atlanta,  Ga., 1 .  . 

Sec.  1749.     The  oath  of  stationhouse  keeper  is  :    I, , 

do  solemnly  promise  and  swear  that  during  my  term  ot  office  as  station-  oath  of  station 
house  keeper  of  the  Police  Department  of  the  City  of  Atlanta,  I  will  b°"se  keeper, 
perform  the  duties  required  of  me  by  the  rules  and  regulations  of  the 
department  to  the  best  of  my  ability.  I  further  promise  and  swear 
that  I  will  keep  a  correct  record  of  all  money,  valuables  or  other  prop- 
erty coming  into  my  possession,  and  will  hold  myself  personally  respon- 
sible for  any  loss  the  city  or  individuals  may  be  subjected  to  on  account 
of  any  negligence  of  mine  in  the  discharge  of  my  duties  as  stationhouse 

keeper.     So  help  me,  God I  certify  that 

the  above  named  officer  has  taken  the  foregoing  oath , 

Chairman  B.  P.  C.     Atlanta,  Ga., 1 .  .  . 

Sec.  1750.     The  oath  of  patrolmen  is  :     I, ,  a 

police  officer  for  the  City  of  Atlanta,  do  solemnly  swear  that  during  oath  of  patroi- 
my  continuance  in  said  office,  I  will,  to  the  best  of  my  skill  and  ability, 
faithfully  discharge  all  the  duties  required  of  me,  and  execute  the 
orders  of  my  superior  officers,  and  in  all  cases  conform  to  and  enforce 
the  criminal  laws  of  the  State  of  Georgia,  the  ordinances  of  the  City  of 
Atlanta,  and  obey  the  rules  governing  the  Police  Department,  and 
report  all  violations  of  same  that  may  come  to  my  knowledge.  I  will 
not  persecute  the  innocent,  nor  help  to  shield  the  guilty  from  punish- 
ment; nor  will  I  be  influenced  in  the  discharge  of  my  duty  by  fear, 
favor  or  affection,  reward,  or  the  hope  thereof ;  and  in  all  my  acts  and 
doings  I  will  be  governed  by  the  rules  and  ordinances  applicable  to  the 

Police  Department.     So  help  me,  God.  ^ 

I  certify  that  the  above  named  officer  has  taken  the    foregoino-    oath. 
Chairman  B.  P.  C.     Atlanta,  Ga., "  l 

(26) 


men. 


402  Part  III. — Ordinances. 


Sec.  1751  Iso  person  shall  be  eligible  to  a  position  on  the  police 
force  unless  he  shall  have  resided  continuously  in  the  city  limits  for 
twelve  months  next  preceding  his  application,  and  an  affidavit  to  this 
efEect  shall  be  filed  with  his  application,  accompanied  by  the  Tax  Col- 
iicants  for  po-  lector's  receipt  or  certificate  that  all  taxes  required  of  him  have  been 
paid  for  the  year  preceding  the  election.  Applicants  for  appointment 
to  positions  on  the  police  force  shall  present  to  the  Police  Commission- 
ers a  petition  in  the  following  form,  which  shall  be  signed  by  at  least 
five  citizens  of  good  character  and  habits,  and  verified  by  the  affidavit 
of  one  of  them,  to  be  designated  by  a  majority  of  the  Board  of  Com- 
missioners : 

PETITION. 


twelve 
months   by    ap 


May   2, 


Petition  for 


The  undersigned  request  the  appointment  of 

on  the  police  force  of  Atlanta,  individually  and  each  for  himself  stat- 
ippointment     [y^cr  and  representing  to  the  Commissioners  that  he  has  known    said 

on  the  force.  o  i  r 

intimately  and  well  for  the  past  two  years, 

and  is  qualified  to  speak  intelligently  in  relation  to  his  character  and 

habits,  and  stating  and  representing  that  the  said 

is  a  man  of  good  moral  character,  correct  and  orderly  in  his  deportment 
and  not  in  any  respect  a  violator  of  the  law  or  good  order,  and  that  he 
is  a  man  of  sober,  temperate  and  industrious  habits ;  that  he  is  not  ad- 
dicted to  the  habitual  use  of  intoxicating  drink  or  other  hurtful  ex- 
cesses. The  undersigned,  each  for  himself,  further  represents  that  he 
has  never  known  or  heard  of  his  having  been  guilty  or  convicted  of  any 
criminal  or  disorderly  conduct  or  act.  And  they  further  represent,  as 
aforesaid,  that  he  is  a  man  of  truth  and  integrity,  of  sound  mind,  good 
understanding,  and  of  temper  and  manner  fit  to  be  a  policeman,  and 
that  he  has  resided  continuously  in  the  city  limits  for  twelve  months 
next  preceding  the  making  of  this  application.  The  undersigned  fur- 
ther represent  that  they  are  ready  and  willing  at  any  time  to  appear  at 
the  Commissioners"  office  and  make  affidavit  to  the  truth  of  the  above 
petition. 


Present  the  certificate  of  a  responsible  physician  of  the  City  of  At- 
lanta that  he  is  sound  mentally  and  physically.  Applicant  will  answer 
the  following  questions  and  sign  his  name  in  full,  in  his  own  hand- 
writing, stating  his  age,  height,  weight,  residence  and  occupation: 
Are  you  married  or  single  ? Have  you  ever  failed  in  busi- 
ness ? Are  your  financial  obligations  such  as  would  hin- 
der you  in  the  discharge  of  your  duty  as  a  policeman? Res- 
idence   Street,  No Age vears. 


i 


Part  III. — Ordinances.  403 


Height feet inches.     Weight Occupation 

Xanie  in  full 

Georgia — Fulton  County :    Before  me  came ,  one 

of  the  above  petitioners,  who,  being  duly  sworn,  says  that  the  contents 
of  the  above  petition  are  true  to  the  best  of  his  knowledge  and  belief. 

Sworn  to  and  subscribed  before  me,  at  Atlanta,  Ga.,  this  the 

day  of 1 Attach  hereto 

Tax  Collector's  receipt  or  certificate  that  all  taxes  required  for  the  year 
preceding  the  election  have  been  paid. 

Sec.  1753.     It  shall  be  the  duty  of  the  City  Physicians,  in  the  wards  ^.       ... 

"  ^  .  ^  Qjjy  ph.vsician3 

of  the  residences  of  such  applicants,  to  examine  all  applicants  for  posi-  must  examine 

^  ^  ^  ^  ^  applicants    for 

tions  on  the  police  force  of  the  City  of  Atlanta,  and,  upon  the  request  the  police 
of  the  chairman  of  the  Board  of  Police  Commissioners  of  said  city,  to 

"  April  8,   1396. 

file  in  the  office  of  the  Board  of  Police  Commissioners,  under  the 
official  signature  of  said  City  Physician,  a  certificate  of  the  physical 
condition  of  said  applicant. 

Sec.  1753.  The  police  force  of  the  City  of  Atlanta,  for  the  term 
beginning  April  1,  1897,  shall  consist  of  one  Chief  of  Police,  three  ^^^f^X^ilT of 
captains  of  police,  one  captain  of  detectives,  six  sergeants  of  police,  two  force'!"^''^^ 
stationhouse  keepers,  seven  detectives,  one  officer  in  charge  of  police  jj^^  22,  1897. 
barracks  and  stables,  six  wagon  men,  two  officers  at  Grant  Park,  three 
mounted  men  at  stationhouse,  two  turnkeys,  one  Eecorder's  Court 
bailiff,  two  Oakland  Cemetery  guards,  and  as  many  patrolmen  as  the 
annual  appropriation  will  pay;  the  rate  of  compensation  in  each  case 
to  be  as  follows:  Chief  of  Police,  $2,200.00  per  annum;  captains  of 
police,  each,  $1,200.00  per  annum;  captain  of  detectives,  $1,200.00  per 
annum;  sergeants  of  police,  each,  $2.50  per  day;  stationhouse 
keeper,  $2.50  per  day;  detectives,  each,  $2.50  per  day;  officer 
in  charge  of  police  barracks  and  stables,  $2.00  per  day;  wagon- 
men,  each,  $2.00  per  day;  officers  at  Grant  Park,  each,  $50.00  per 
month;  mounted  men  at  stationhouse,  each,  $2.00  per  day;  turn- 
keys, each,  $2.00  per  day;  Eecorder's  Court  bailiff,  $50.00  per  month: 
Oakland  Cemetery  guards,  each,  $50.00  per  month;  policemen,  or 
patrolmen,  each  $2.00  per  day;  provided,  that  the  Mayor  and  General 
Council  reserve  the  right  and  power  to  change  the  organization  and 
strength  of  said  force  when,  in  their  discretion,  it  seems  proper  to 
do  so. 

Sec.  1754.  It  shall  be  within  the  authority  of,  and  shall  be  the 
duty  of,  the  Chief  of  Police  and  other  police  officers  and  patrolmen,  formiiitffy^ 
upon  application  to  the  Chief  of  Police  for  such  purpose,  to  clear  the  ^"^'^^- 
roadway,  or  as  much  of  the  roadway,  of  any  street  or  streets  in  the 
City  of  Atlanta,  in  advance  of  a  parade  of  the  military  forces  of  the 
United  States,  or  of  the  State  of  Georgia,  or  any  portion  of  such  forces 
of  the  General  or  State  Government,  as  the  officer  or  officers  of  such 
forces  shall  desire  to  use  for  the  purpose  of  such  parade,  preference 


404  Part  III. — Ordinances. 


Penalty. 


being  given,  however,  to  United  States  mail,  police  patrol  wagon  and 
Chief  locates    j-j-^g  Yire  Department.     The  Chief  of  Police  shall  indicate  the  location 

street  traders.  i 

of  street  traders  on  the  streets,  as  provided  in  Section  1508, 

Sec.  1755.  It  shall  likewise  be  within  the  authority  of,  and  shall  be 
.,     ,      .  .      the  duty  of,  said  Chief  of  Police  and  other  police  officers  and  patrol- 

Also  for  CIVIC  ''  '  ,  ^  '■ 

parades.  men,  iipon  like  application,  to  clear  the  roadway  of  any  street  or  streets 

necessary,  in  the  judgment  of  the  Chief  of  Police,  to  be  used  for  any 
civic  parade  or  procession. 

Sec.  1756.  In  clearing  the  roadway,  or  designated  portion  of  the 
roadway,  of  any  street  or  streets,  in  advance  of  any  such  military 
parade  or  civic  procession,  it  shall  be  within  the  authority,  and  shall 
be  the  duty  of  said  Chief  of  Police  or  other  police  officer  or  patrolmen, 
to  cause  the  removal  therefrom  of  all  ordinary  traffic  and  travel,  in- 
cluding animals,  vehicles  and  pedestrians. 

Sec.  1757.  Any  person,  firm  or  corporation  refusing  to  remove 
himself,  or  animals,  or  vehicle  in  his  possession  or  under  his  control 
from  the  roadway  or  designated  portion  of  the  roadway  of  any  street 
intended  to  be  used  for  any  such  military  or  civic  parade  or  procession, 
upon  notice  so  to  do  by  the  Chief  of  Police  or  any  police  officer  or 
policeman,  or  coming  upon  a  roadway  or  designated  portion  of  a  road- 
way of  any  such  street,  so  as  to  prevent  the  free  use  thereof  by  such 
military  or  civic  parade  or  procession,  over  the  objection  of  such  Chief 
of  Police  or  other  police  officer  or  policeman,  or  over  the  objection  of 
the  officer  or  person  in  charge  of  such  parade  or  procession,  shall  be 
guilty  of  a  violation  of  this  ordinance,  and,  on  conviction  thereof  in 
the  Eecorder's  Court  of  the  City  of  Atlanta,  shall  be  subject  to  a  fine 
not  exceeding  one  hundred  ($100.00)  dollars,  or  imprisonment  not  to 
exceed  thirty  days,  either  or  both  of  these  punishments,  in  the  discre- 
tion of  the  court. 

Sec.  1758.     It  shall  likewise  be  the  duty  of  the  Chief  of  Police  or 

other  police  officers  or  policeman  to  arrest  any  person,  firm  or  corpo- 

vioTaTion"^of      ^atiou  whose  obstruction  of  any  military  parade  shall  amount  to  a 

violation  of  the  penal  laws  of  the  State,  and  to  prosecute  such  offenders 

in  the  State  courts  in  the  manner  prescribed  by  law. 

Sec.  1758(a).  It  shall  be  unlawful  for  any  person  or  persons  to 
condifcYirot  ^S^^  ^^  quarrel,  or  use  profane  or  vulgar  language,  or  otherwise  act 
neart^he°c"r°s'^  ^^  ^  disorderly  manner,  on  or  near  the  cars  of  the  Collins  Park  and 
pLrk^and  Beu  ^^^^  Railroad  Company  at  any  point  between  its  terminus  on  Walton 
Railroad  at       street,  near  Peachtree  street,  in  the  City  of  Atlanta,  and  its  other  termi- 

any  point  on  '  7^7 


State    laws 
to  parades. 


the  line  of  said  j^^g  ^^  ^]-,g  Chattahoochec  river,  the  whole  line  of  railroad  of  said  com- 

railroad,  either  ' 

fhe'terahia^is    P^^y  having  been  incorporated  as  part  of  the  City  of  Atlanta,  for  police 
of  said  line.      purposcs,  by  an  act  approved  December  3d,  1896. 

Disorderi  ^^^-  1*^58 (&).     It  shall  likewise  be  unlawful  for  any  person  or 

aiiow^e'd  afthe  persous  to  fight  or  quarrel  or  use  profane  or  vulgar  language,  or  act 
urminus'^^       in  a  disorderly  manner,  at  the  pleasure  resort  at  the  terminus  of  said 


Part  III. — Ordinances. 


405 


road  on  the  Chattahoochee  river,  said  pleasure  resort  also  being  incor-  and  Beu  r^Ii-^ 
porated  under  the  Act  mentioned  in  Section  1758 (a).  ch'auaho^o^chee 

Sec.  1758  (c).     The  conductors,    motormen    and    other    employe?  "'■^'■■ 

Kmplo 

Park 
md  Belt  Rail- 
road made 

resting  and  bringing  to  trial  persons  guilty  of  any  violation  of  Sec-  ^°for^"ng  s°  c- 
tions  1758(a)  and  1758(6).  "  ^^^i^} 

Sec.  1758(d).  Any  person  convicted  of  violation  of  Sections 
1758(fl)  and  1758(&)  shall  be  liable  to  a  fine  of  not  exceeding  one 
hundred  dollars,  or  imprisonment  not  exceeding  thirty  days,  in  the  P^^^'ty- 
discretion  of  the  Eecorder's  Court  of  the  City  of  Atlanta,  and  said  '^''^-  ^'  ^^^^• 
court  shall,  also,  in  its  discretion,  bind  over  persons  guilty  of  the 
violation  of  State  laws  to  the  courts  having  jurisdiction  of  such  vio- 
lations. 


CHAPTER   XLYII. 

BAIL. 


Section. 

1759.  Amount   of   bond. 

1760.  Failure  to  give  bond. 

1761.  Bonds  forfeited. 

1762.  Service   of   rule. 


Section. 

1763.  Judgment — how    entered — execution    and 
collection. 

1764.  Surrender  of  principal. 


Failure  to  give 


Section  1759.  The  Chief,  or  any  officer  or  member  of  police, 
Mayor,  or  any  member  of  the  General  Council,  may  take  bond  with  bond"°'  °^ 
security,  or  l)ond  without  security,  at  discretion,  payable  to  the  City 
of  Atlanta,  in  the  sum  of  not  exceeding  two  hundred  dollars,  for  the 
appearance  of  any  party  or  parties  accused  or  suspected  of  being  guilty 
of  a  violation  of  any  ordinance  or  ordinances  of  the  City  of  Atlanta,  to 
stand  to  and  abide  his,  her,  or  their  trials  before  the  Recorder's  Court ; 
and  also  of  witnesses  to  testify  in  any  case  or  cases  pending,  or  about 
to  be  commenced  in  said  court.' 

Sec.  1760.  If  either  party  or  parties,  or  witness  or  witnesses,  shall 
fail  or  refuse  to  give  the  bond  and  security,  or  bond,  as  required  of 
them,  or  either  of  them,  such  person  so  failing  or  refusing  may  be 
■confined  in  the  stationhouse,  or  common  jail  of  the  county  of  Fulton, 
or  be  kept  under  a  guard,  so  as  to  be  present  to  abide  the  trial  or  trials, 
or  to  testify,  as  the  case  may  be. 

Sec.  1761.  All  bail  taken  under  this  ordinance  shall  be  special 
bail,  and  the  power  of  the  security  over  the  principal  shall  be  the  same 
as  in  special  bail.  Upon  the  failure  to  appear,  of  any  principal,  in  ed""  "^ 
any  bond  or  recognizance  given  by  a  person  charged  with  a  violation 
of  any  ordinance  of  the  City  of  Atlanta,  or  by  a  witness,  to  appear 
and  testify,  the  Recorder,  Mayor,  or  Mayor  pro  tern.,  or  member  of 

1   Arresting  officer  may  serve  summons  without  requiring  bail. 


406 


Part  III. — Ordinances. 


Service  of 
rule. 


April 


Judgment, 
how   entered. 


Council  presiding,  shall  pass  a  rule  requiring  the  principal  and  sure- 
ties on  such  bond  to  show  cause  on  any  day  therein  named,  not  to  be 
less  than  ten  days  from  the  passage  of  such  rule,  why  they  should  not 
be  required  to  pay  the  amount  of  such  bond. 

Sec.  1762.  A  copy  of  said  rule  shall  be  served  upon  the  principal 
and  security  or  securities  by  any  officer  or  member  of  the  police  force^ 
if  to  be  found  in  the  city,  at  least  five  days  before  the  time  therein 
set  for  hearing  the  same. 

Sec.  1763.  If  no  sufficient  cause  is  shown,  the  Eecorder,  ]\[ayor,  or 
Mayor  pro  tern.,  or  other  officer  presiding,  shall  proceed  to  enter  judg- 
ment against  such  principal  and  sureties  for  the  amount  of  said  bond, 
and  the  Clerk  of  Council  shall  issue  execution  for  the  amount  of  such 
judgment  and  place  the  same  in  the  hands  of  the  City  Marshal,  who 
shall  proceed  to  collect  the  same  by  levy  and  sale  as  in  case  of  tax  exe- 
cutions. 

Sec.  1764.  Any  surety  upon  a  bail-bond  of  any  person  or  persons 
charged  with  a  violation  of  a  city  ordinance  may  surrender  his,  her 
or  their  principal  at  any  time  to  the  officer  on  duty  at  the  stationhouse, 
who  shall  confine  such  principal  until  discharged  by  order  of  the 
court  or  by  giving  other  and  good  security.  The  delivery  of  the  prin- 
cipal as  aforesaid  shall  discharge  the  surety  or  sureties  of  all  further 
liability  upon  such  bond;  provided,  that  such  delivery  shall  be  before 
any  judgment  of  forfeiture  upon  said  bond  shall  have  been  entered. 


Surrender   of 
principal. 


CHAPTEE  XLYIII. 


COURTS  AND  TRIALS — CONVICTS. 


Section. 

1765.  Terms  of  court. 

1766.  Summons  of  trial. 

1767.  Form  of  summons. 

1768.  Failure  to   appear. 

1769.  Subpoenas. 

1770.  Defaulting    witnesses. 

1771.  Continuances. 

1772.  Practice. 

1773.  Construction. 

1774.  Punishment. 

1775.  Fines. 

1776.  Persons   implicated. 

1777.  Contempt   of   Court. 


Section. 

1778.  Collection  of  fines. 

1779.  Work  on  streets. 

1780.  Recorder. 

1781.  Marshal  and  deputy  may  serve  sum- 
mons. 

1782-1784.  Defendants   must   appear. 

1785.  Recorder   reports  daily. 

1786-1787-17SS.  Police  Commissioners  may 
subpoena    witnesses,     etc. 

1789-1790.  Clerk  of  Council  not  to  furnish  Re- 
corder's  Court    Clerk. 

1791.  Records  of  convicts. 

1792.  Regulations. 


Terms  of 
court. 


April 


Section  1765.  The  Recorder,  or  in  his  absence  the  Mayor,  Mayor 
pro  tern.,  or  one  member  of  Council,  shall  hold  a  court  at  8  :30  o'clock 
a.  m.  and  2  :30  o'clock  p.  m.  each  day,  except  Sunday,^  at  the  Ee- 
corders  court  room,  for  the  trial  of  persons  charged  with  violating  any 
of  the  laws  or  ordinances  of  the  City  of  Atlanta. 


June  10,  1897. 


Part  III. — Ordinances.  407 


Sec.  176(3.     Any  person  who  is  charged  with  an   offense  against  g^^^^^g  ^j,^ 
any  of  the  ordinances  of  the  City  of  Atlanta  sliall  he  informed  by  the  *"^^- 
summons  in  writing  served  on  him  of  the  nature  of  tlic  cause  of  his 
accusation;  shall  have  compulsory   process   for   obtaining   witnesses 
in  his  behalf;  shall  have  a  speedy  trial  before  the  Recorder,  or  in  his 
absence  the  Mayor,  Mayor  pro  tern.,  or  one  member   of   the    General 
Council ;  shall  be  confronted  with  the  witnesses  against  him,  and  have 
the  privilege  of  cross-examination,  as  in  the  Superior  Courts  of  the 
State  of  Georgia.     The  same  rules  as  to  examination  of  witnesses  and 
the  evidence  adduced  as  obtain  in  said  courts,  as  far  as  they  are  appli-  Ruies-coun- 
cable  to  examining  courts,  shall  be  applicable  to  cases  before  the  Re-  sei-witnesses. 
corder  s  Court.     The  party  accused  shall  have  the  privilege  of  defend- 
ing himself,  by  counsel  or  by  himself,  or  both,  as  to  him  shall  seem 
proper.     Xo  one  shall  be  condemned,    fined    or    punished    Avithout  a 
chance  of  being  heard  in  his  defense.     Officers  of  city,  informers,  and 
parties  injured,  shall  be  competent  witnesses  when  not  on  trial. 

Sec.  1TG7.  It  shall  be  the  duty  of  the  Clerk  of  Council  in  all  cases  Form  of  sum- 
where  complaint  is  made  or  information  given,  of  any  violation  of  any 
of  the  laws  and  ordinances  of  said  city  (whether  the  party  be  confined 
in  the  guardhouse  or  not),  to  issue  a  summons  directed  to  the  accused, 
requiring  said  offender  to  appear  before  the  Recorder's  Court,  to  answer 
said  charge,  which  summons  shall  contain  the  offense,  and  time  and 
place  of  trial,  bear  test  in  the  name  of  the  Mayor,  be  signed  officially 
by  the  Clerk  and  directed  to  the  Chief  or  other  officer  or  member  of 
the  police  force,  to  be  executed,  who  shall  execute  the  same  by  serving 
a  copy  upon  the  accused,  or  leaving  it  at  his  or  her  place  of  residence. 

Sec.  1768.  Any  person  summoned  as  aforesaid,  who  shall  fail, 
neglect  or  refuse  to  appear,  or  to  render  a  satisfactory  showing  for  pear, 
such  failure,  neglect  or  refusal  to  appear  and  answer  the  charge  spec- 
ified, may  be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and 
the  cause  continued  to  such  time  as  the  court  may  direct,  and  the  court 
shall  issue  an  order  requiring  the  Chief,  or  other  member  of  the  police 
force,  to  arrest  said  offender,  and  bring  him  or  her  before  the  court 
to  answer  said  contempt,  and  it  shall  be  the  duty  of  said  Chief  of 
Police  to  keep  the  offender  in  custody  until  he  is  brought  before  the 
court,  unless  he  gives  bond  for  his  appearance  as  provided  by  law. 

Sec.  1769.  Whenever  the  attendance  of  any  witness  may  be 
required  before  the  court  to  establish  any  fact,  the  Clerk  shall  issue  g^^  ^^^ 
a  subpoena,  directed  to  the  witness,  stating  the  time  and  place  of  trial 
and  the  parties  to  the  case,  which  shall  bear  test  in  the  name  of  the 
Mayor,  and  be  served  as  other  summons  by  the  Chief  of  Police,  or 
other  officer  or  policeman. 

Sec.  1770.     If  any  person  so  summoned  as  a  witness  shall  fail,  neg- 
lect or  refuse  to  attend  said  trial,  or  render  at  the  time  a  sufficient  J^ftnessls" 
excuse,  in  the  judgment  of  the  court,  said  defaulting  witness  shall  be 


408 


Part  III. — Ordinances. 


Defaulting 
witnesses — 
proceeding 
against. 


liable  to  a  fine  of  not  exceeding  fifty  dollars ;  and  if  said  cavise  shall 
be  continued  on  account  of  the  witness"  absence,  the  court  may  issue 
attachment  against  said  witness,  requiring  him  to  show  cause,  on 
the  day  appointed  for  trial,  why  he  should  not  be  further  dealt  with 
for  contempt;  and  the  Chief  of  Police  shall,  by  virtue  of  said  attach- 
ment, arrest,  or  cause  to  be  arrested  by  some  other  officer  or  policeman, 
and  confine  said  person,  so  as  to  have  him,  her  or  them  before  the  Re- 
corder, or  other  presiding  officer  in  the  Recorder's  Court,  at  such  time 
as  he  may  appoint,  for  further  hearing  of  the  original  complaint. 

Sec.  1771.  Where  the  ends  of  justice  may  require  it,  all  cases  may 
be  continued.  All  continuances  shall  be  addressed  to  the  sound  discre- 
tion of  the  court,' under  the  rules  governing  the  Superior  Courts  of  this 
State. 

Sec.  1772.  The  city  shall  have  the  opening  and  conclusion  of  each 
case,  unless  the  defendant  introduces  no  evidence;  then  he  shall  be 
entitled  to  the  conclusion.  The  city  shall  announce  first,  if  it  is  ready 
for  the  trial ;  if  not,  it  shall  be  held  to  as  strict  a  showing  for  continu- 
ances as  the  defendant.  The  rules  of  evidence  shall  be  the  same  as 
in  the  Superior  Court,  as  far  as  applicable  to  the  case  on  trial.  All 
officers  shall  be  legal  witnesses  when  not  on  trial. 

Sec.  1773.  The  Recorders  Court  shall  be  controlled  by  the  rules 
of  the  Superior  Courts,  as  far  as  they  are  applicable  to  Recorder's 
Courts  and  a  sound  construction  of  the  charter  and  ordinances  of  the 
city. 

Sec.  1774.  All  offenders  against  the  ordinances  and  laws  of  said 
city  shall  be  tried  by  the  Recorder's  Court,  and  said  court  may  impose 
such  punishment  as  is  provided  by  the  laws  and  ordinances  of  said  city 
for  the  offences  of  which  said  offenders  may  be  found  guilty. 

Sec.  1775.  For  violation  of  any  ordinance,  or  section  of  an  ordi- 
nance, for  which  no  particular  penalty  has  been  prescribed,  the  court 
may  impose,  in  its  discretion,  any  fine  not  exceeding  one  hundred 
dollars  and  costs,  or  imprisonment  not  exceeding  thirty  days,  in  the 
calaboose  or  on  the  public  works  of  the  city. 

Sec.  177G.  If  on  the  trial  of  any  case  before  the  Recorder's  Court, 
it  appears  that  any  other  person  besides  the  one  on  trial  has  violated 
a  by-law  or  ordinance  of  this  city,  he  or  she  mav  then  and  there  be 
tried,  unless  the  case  is  put  off  for  legal  cause. 

Sec.  1777.  Any  person  who,  during  the  sitting  of  Police  Court, 
or  during  a  session  of  the  Council  or  General  Council,  or  Board  of 
Aldermen,  shall  be  guilty  of  a  contempt  of  court,  or  of  Council  or 
refuses  to  abide  by  any  sentence  or  order  of  said  court  or  Council 
aforesaid,  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars  and  costs, 
or  confinement  in  the  stationhouse,  or  l)oth,  as  shall  seem  oxpodiont  or 
proper  under  the  circumstances. 

Sec.   1778.     The  CUerk  of  Council  may  issue  an  execution  iiistaiitcr, 


Fine  for  vio 
lilting  ordi- 
nance wliL-n 
not  otlierwis 
fixed. 


Persons    impli 
cated. 


Contempt   of 


i 


Pakt  III. — Ordinances.  409 


where  any  fine  is  imposed  by  the  court,  or  Mayor  and  General  <-'"uncil,(-.,,„^.^.ji^„  ^f 
to  be  levied  upon  the  goods,  chattels,  lands  and  tenements  of  the  person  ''"''^• 
or  persons  fined,  if  the  sum  is  not  immediately  paid,  which  execution 
shall  bear  test  in  the  name  of  the  Mayor,  and  be  signed  officially  by 
the  Clerk  and  be  directed  to  the  Marshal  of  the  City  of  Atlanta ;  or  the 
court  may,  by  order,  compel  any  person  fined,  who  shall  fail  or  refuse 
to  pay  the  fine,  to  work  on  the  streets  of  said  city,  under  the  Commis- 
sioner of  Public  Works,  or  other  person  having  control  over  said  works. 

Sp]C.  1779.  When  any  person  is  convicted  of  any  olfense  against 
the  laws  and  ordinances  of  the  city,  before  the  Recorder,  Mayor,  or  ^vo,k  on 
Mayor  pro  tern.,  or  other  presiding  officer,  it  shall  be  discretionary'^'"'''^- 
v\-ith  the  court  to  punish  such  ofl'enders  by  ordering  them  to  work  on 
the  streets  or  public  works  of  the  city,  under  the  supervision  of  the 
proper  officer;*  and  payment  of  all  fines,  not  otherwise  paid,  may  be 
enforced  by  work  as  aforesaid. 

Sec.  1780.  Whenever  a  Recorder  shall  be  elected  by  the  Mayor 
and  Council,  he  shall  be  governed  and  controlled  by  the  foregoing 
sections  of  this  chapter  in  the  same  manner  as  the  Mayor  is  or  would 
be  governed  and  controlled. 

Sec.  1781.     The  Citv  Marshal  and  his  Deputy  Tax  Collectors  be,^,    ^  ,      ^ 

^        ''  Marshal   and 

and  the  same  are  hereljv,  authorized  and  empowered  to  serve  summons  deputy  may 

•  '  ^  serve  suni- 

requiring  persons  to  appear  and  answer  before  the  Recorder's  Court,  mons. 
the  same  as  policemen  are  authorized,  and  that  such  service  shall  be 
as  legal  and  binding  upon  the  party  served  as  though  he  were  served 
by  a  member  of  the  police  force. 

Sec.  1782.     It  shall  be  unlawful  for  any  policeman  or  other  officer  p^^^^  ^^^^  ^^ 
making  arrest  of  a  person  for  the  violation  of  laws,  to  enter  the  name  tni'rnamiToniy 
of  said  person  under  a  false  or  assumed  name  on  the  police  docket,  but  ^^^   21,  isst. 
in  all  cases  the  true  name  of  the  accused,  and  of  the  offense,  shall  be 
honestly  docketed. 

Sec.   1783.     It  shall  be  unlawful  for  any  court,  under  the  jurisdic- 
tion of  the  city,  to  try  a  person  under  a  feigned  name,  where  he  has  be  t'He^d"under 
reason  to  believe  a  fraud  is  being  practiced  on  the  court,  and  on  the  ^"^"^'^  "^'"^• 
public,  by  the  use  of  a  feigned  or  fictitious  name,  and  the  concealment 
of  the  true  name ;  nor  shall  said  court  entertain  a  plea  of  guilty,  ex-  And  accused 
cept  the  accused  is  personally  present  at  a  regular  call  of  the  docket  "n"^*  ^^  ^™^" 
in  open  court;  and  the  court  shall  then  inquire  into  all  the  circum- 
stances, and  impose  such  sentence  as  is  proper.     If  the  person  arrested 
or  against  whom  the  case  is  made  be  a  female,  then,  in  such  case,  the  majermay'  be 
court  may  or  may  not  require  her  personal  attendance  in  open  court,  coCT^rom 
as  the  ends  of  justice  may  demand,  as  the  court  in  its  discretion  may 


anee. 


Mar.    7,    1887 


determine. 

Sec.   1784.     Any  person  violating  the  foregoing  provisions,  on  con- 
viction thereof  in  the  court  presided  over  by  the  Recorder,  Mayor,  offiie'lor  vio- 
Mayor  pro  tern.,  or  one  member  of  the  General  Council,  shall  be  fined. 


410  Part  III. — Ordinances. 


not  exceeding  one  hundred  dollars,  or  imprisoned  not  exceeding  thirty 
days,  either  or  both,  in  the  discretion  of  the  court,  and  also  be  subject 
to  dismissal  from  office. 

Sec.  1785.  The  Eecorder  shall  make  daily  to  the  Comptroller  a 
Recorder  to  detailed  report,  with  number,  name,  offense,  date  and  amount  of  fine 
vo^t  to^coJp-  imposed,  as  appears  upon  his  Court  Docket,  to  the  Comptroller,  who 
troiier.  shall  hold  the  Chief  of  Police  responsible  for  their  collection.     The 

posfts^aliy  ^'  Chief  shall  obtain  credit  upon  showing  his  receipt  of  deposit  with  the 
i^ctor^unde?'"  Tax  Collcctor  wlicn  the  fines  are  paid  in  money,  or,  if  the  fine  has  been 
syltem.^°"  remitted,  upon  certificate  of  Mayor  and  Eecorder  to  that  effect,  or,  if  by 
labor  on  public  works,  or  escape  or  otherwise,  by  certificate  of  Commis- 
sioner of  Public  Works  and  stockade  keeper  to  that  effect.  These 
reports  to  be  made  daily  and  monthly  to  the  Comptroller,  and  deposits 
to  be  made  daily  with  the  Tax  Collector. 

Sec.  1786.  The  Board  of  Police  Commissioners  shall  have  full 
licrcornmis-     authority  to  subpoena  witnesses  to  appear  before  them  and  testify  in  the 

sioners 
subpoE 

nesses, 


subpoena  wit-    trial  of  auv  police  officer,  or  in  the  investigation  of  any  matter  by  said 
board. 

Sec.  1787.  It  shall  l)e  the  duty  of  the  Chief  of  Police  to  summons, 
either  in  person  or  by  deputy,  any  person,  w^hen  directed  by  the  said 
board,  to  appear  before  said  board  and  testify,  and  he  can  designate 
any  member  of  the  police  force  to  act  as  such  deputy. 

Sec.  1788.     Any  person  being  summoned,  and  failing  to  obey  the 
same,  shall  be  subject  to  be  tried  before  the  Eecorder's  Court,  and  if 
Aug.  19,  1891.   adjudged  guilty  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars, 
or  be  imprisoned  not  exceeding  thirty  days. 

Sec.  1789.     The  office  of  Clerk  of  the  Eecorder's  Court  is  hereby 
ci'f'^reHevfd°™'  abolished,  and  the  Clerk  of  the  City  Council  is  relieved  from  furnish- 

from  liability 
on   account    of 
use   of   his 
name   in   Re- 
corde 
Jan. 

Sec.  1790.  The  Clerk  of  Council  is  relieved  from  any  liability  by 
reason  of  the  process  of  said  court  being  signed  in  his  name,  or  the 
use  of  his  name,  in  said  court  in  any  other  manner. 

Sec.  1791.     The  officer  in  charge  of  the  chaingang  is  required  to 

keep^recordr    ^^^p  a  book  witli  the  name  of  each  convict  turned  over  to  him  from 

^^^'         '        the  Eecorder's  Court,  the  time  for  which  each  convict  is  sentenced, 

when  received  and  when  discharged ;  also,  the  number  of  days  worked. 

And  that  said  overseer  shall  make  a  monthly  report  to  the  Mayor  and 

General  Council,  showing  the  facts  above  required  to  be  kept  of  record. 

Sec.  1792.     The  stationhouse  keepers  shall  keep  in  a  book  for  that 

Regulations,      purposc  a  rccord  of  all   persons   who   fail   to   pay   fines,  and  have  to 

work  out  the  same.     The  said  stationhouse  keepers  shall  take  a  receipt 

from  the  oflicer  or  person  placed  in  charge  of  convicts  of  the  Eecorder's 

Court,  and  shall  furnish  such  person  with  the  number  of  days  each 


from  liability    jj^g  ^q  g^id  Eccorder's  Court  any  deputy  to  perform  the  duties  thereof, 
of  i^^s        and  the  Eecorder  is  required  to  perform  the  duties  heretofore  per- 
corder's  Court,  formed  by  Clerk  of  the  Eecorder. 


Part  III. — Ordinances.  411 


convict  is  required  to  work.  Persons  becoming  able  to  pay  the  fine 
imposed  after  having  worked  one  or  more  days,  shall  have  their  fine 
reduced  accordino-  to  the  number  of  davs'  work  done. 


CHAPTER  XLIX. 

NUISANCES. 


Section. 

1793.  Board  of  Health  may  inquire. 

1794.  Judgment   conclusive. 

1795.  Penalty  for  refusal  to  abate. 

1796.  Fine  collected  by  execution. 

1797.  Power    of    Mayor    and    General    Council 
reserved. 


Section. 

1798.  Defendant— how  summoned. 

1799.  Jurisdiction    of    Recorder. 
ISOO.  Slaughter-pens    prohibited. 

1801.  Privies,    cow   lots,    etc. 

1802.  Penalty  for  failure  to  abate. 


Section  1793.     The  Board  of   Health  of  the  City  of  Atlanta   are  ^^^^^  ^^ 
hereby  empowered,  in  any  case  in  which  complaint  may  be  made  before  {^^q^^|[r^g /"J^^^r 
them  by  any  citizen,  or  in  which  their  own  investigations  as  health  |^idence^_^etc.^,^ 
officers  may  show  it  to  lie  necessary,  to  summon  before  them  the  owner,  of  nuisance, 
agent  in  control  of,  or  tenant  in  possession  of  any  premises,  in  the  city 
or  on  the  lands  constituting  the  water-shed  of  the  waterworks,  incor- 
porated for  the  purpose  of  allowing  the  city  authorities  to  preserve 
the  purity  of  the  water  in  the  reservoir  and  the  streams  contributing 
thereto,  on  which  it  is  claimed  a  nviisance  exists,  and  to  hear  evidence 
and  determine  the  question  of  the  existence  of  such  nuisance. 

Sec.  1794.  The  judgment  of  the  Board  of  Health  as  to  the  exist- j^^^^^^^^^  ^^ 
ence  or  non-existence  of  a  nuisance  in  any  case  thus  tried  shall  be  con- ^oard^  con- 
clusive, and  where  the  existence  of  a  nuisance  is  thus  determined  in  any 
such  case,  the  Board  of  Health  may,  in  their  discretion,  pass  an  order 
requiring  the  owner,  agent  in  control  of  or  tenant  in  possession  of  the 
premises,  whenever  such  nuisance  exists,  to  abate  the  same  in  such 
number  of  hours  or  days  as  may  seem  reasonable  to  said  Board  of 
Health,  or  pass  an  order  requirins:  the  City  Marshal  immediately  to 
abate  the  same  at  the  expense  of  such  owner,  agent  or  tenant. 

Sec.  1795.  In  any  case  wherein  the  owner,  agent  or  tenant  as 
aforesaid  shall  have  been  required  to  abate  a  nuisance  adjudged  by  the  refusli^to""" 
Board  of  Health  on  a  trial  as  aforesaid  to  exist  on  his  or  her  premises,  ''''^*^- 
and  shall  fail  to  abate  the  same  within  the  time  allowed  by  the  order  of 
the  Board  of  Health,  such  owner,  agent  or  tenant,  as  the  case  may  be, 
shall,  on  conviction  before  the  Eecorder's  Court,  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars,  or  imprisoned  at  labor  not  exceed- 
ing thirty  days;  and  each  day  such  nuisance  is  continued  shall  con- 
stitute a  new  offense,  and  on  the  trial  of  such  a  case  before  the  Record- 
er, the  certificate  of  the  Secretary  of  the  Board  of  Health  shall  be 
conclusive  evidence  of  the  finding  of  the  Board  of  the  fact  of  the  exist- 
ence of  the  nuisance,  and  of  the  time  allowed  in  which  to  abate  the 


412  Part  III. — Ordinances. 


Mayor  and 
General    C'ou 
oil  may  try. 


same  and  of  the  fact  that  the  time  thus  anowod  was  reasonahle  and 
sufficient. 

Sec.  1796.  When  any  nuisance  is  ahated  hy  tlie  Marshal  under 
order  of  the  Mayor  and  General  Council,  or  of  the  Board  of  Health, 
in  cases  tried  by  them  as  aforesaid,  the  City  Clerk  shall  issue  an  exe- 
cution in  favor  of  said  Marshal  against  the  owner,  agent  in  control, 
or  tenant  in  jiossession  of  the  premises  whereon  such  nuisance  was 
abated,  for  the  expense  of  such  abatement,  and  such  execution  shall 
be  levied  and  collected  as  in  case  of  tax  executions,  and  shall  be  a  lien 
on  the  property  whereat  such  nuisance  was  abated  until  fully  paid  off. 

Sec.  1797.  Nothing  herein  contained  shall  be  held  to  deny  or 
abridge  the  jurisdiction  of  the  Mayor  and  General  Council  to  try  and 
determine  the  question  of  the  existence  of  nuisances  of  any  kind,  and 
to  provide  by  their  judgment  and  order  for  the  abatement  thereof 
in  cases  tried  before  them,  by  the  defendant  or  the  Marshal  as  afore- 
said, except  that  no  case  already  tried  before  the  Board  of  Health  shall 
be  re-tried  before  the  Mayor  and  General  Council,  nor  shall  any  case 
already  determined  by  the  flavor  and  General  Council  be  again  tried 
by  the  Board  of  Health. 

Sec.  1798.  Whenever  a  trial  before  the  Mayor  and  General  Coun- 
cil, or  before  the  Board  of  Health,  becomes  necessary  in  order  to  deter- 
w"sumnwned  ^ine  whether  or  not  a  nuisance  exists  in  any  particular  case,  a  sum- 
.  mons  must  be  issued  by  the  City  Clerk,  directed  to  the  owner,  agent 
in  control  of,  or  tenant  in  possession  of,  the  premises  where  a  nuisance 
is  charged  to  exist,  and  be  served  by  the  Marshal,  his  deputy,  the 
Chief  of  Police,  or  any  officer  or  member  of  the  police  force,  or  one  of 
the  sanitary  inspectors,  upon  such  owner,  agent  or  tenant.  This  sum- 
mons must  specify  the  place  and  character  of  the  nuisance  complained 
of,  and  fix  the  time  and  place  for  trial,  and  state  before  which  board 
the  trial  will  take  place.  The  defendant  must  be  given  reasonable 
opportunity  to  secure  counsel  and  testimony  l)efore  the  trial  begins 
but  no  postponement  shall  be  had  on  this  ground,  where  full  diligence 
on  his  part  is  not  shown. 

Sec.  1799.  The  Eecorder's  Court,  as  heretofore,  shall  have  full 
jurisdiction  to  try  and  dispose  of  all  questions  of  nuisance  affecting 


tion  of  obstruc-  the  public  health,  in  which  no  action  is  had  before  the  Mayor  and  Gen- 
leys,  etc.,  un-  cral  Couucil  as  a  court,  or  before  the  Board  of  Health  sitting  as  a 
tor  amlnd*-"*'    court  as  hereinbefore  provided,  and  shall  also  have  jurisdiction  to  try 


inents. 

July   5,    1S86. 


and,  in  case  of  conviction,  to  punish  persons  failing  to  abate  nuisances 
under  order  from  the  Mayor  and  General  Council,  or  the  Board  of 
Health  sitting  as  a  court  as  aforesaid. 

Sec.  1800.     That  no  person,  firm  or  corporation  shall  carry  on  the 
No  slaughter     busiuess  of  a  slaughter  house  or  slaughter  pen,  or  stock  yard  or  stock 

houses    or    pens  i  r 

allowed.  pen,  on  any  ground  m  tlie  City  of  Atlanta,  draining  into  tlie  water- 

works' reservoir,  or  on  any  of  the  lots  of  land  in  Blackball  district. 


Part  III. — Ordinances.  413 


incorporated  for  the  purpose  of  enabling  the  Cit}'  of  Atlanta  to  pre- 
serve the  purity  of  said  water. 

Sec.  1801.  The  following  things  are  also  declared  nuisances  if 
existing  in  said  city  or  on  any  of  the  land  lots  aforesaid,  to-wit :  Filthy  or'^/mpr.fperiy 
privies,  and  privies  not  constructed,  furnished,  and  used  with  appli-  cow ^'[otsreic. 
ances  now  or  hereafter  required  by  ordinance  for  preventing  the  flow 
of  urine  through  the  earth  into  the  water;  horse  lots  or  cow  pens 
bordering  on  or  taking  in  any  part  of  the  streams  emptying  into  the 
reservoir  of  the  waterworks,  or  such  lots  or  pens  when  not  cleanly  kept, 
though  off  such  streams ;  piles  of  manure  not  protected  from  rain  and 
from  water  flowing  through  them  toward  the  reservoir  aforesaid,  or 
any  stream  emptying  therein ;  a  dead  horse,  ox,  cow,  yearling,  or  other 
animal  or  any  other  thing  which  will  injuriously  affect  the  purity  and 
healthfulness  of  the  water  in  the  reservoir. 

Sec.  1802.     Any  person,  whether  owner,  agent  in  control  of,  or  penalty  for 
tenant  in  possession  of  premises  on  which  any  of  the  nuisances  above  abate!  *° 
declared  shall  exist,  who  shall  fail  to  abate  the  same  within  six  hours  ju^g  7^  iggg^ 
after  being  notified  so  to  do,  shall,  on  conviction,  be  fined  not  exceed- 
ing one  hundred  dollars  or  imprisoned  at  labor  not  exceeding  thirty 
days,  in  the -discretion  of  the  Eecorder's  Court. 


414 


Part  III. — Ordinances. 


CHAPTEK  L. 


PEACE,  GOOD  ORDER  AND  MORALS. 


Section. 

1803.  Public  indecency. 

1804.  Indecent  dress. 

1805.  Noise  at   night. 

1806.  Drunkenness. 

1807.  Intoxication  on  streets. 

1808.  Relief   from  penalty. 

1809.  Lewd   women — at   night. 

1810.  Men   not  to   talk  with. 

1811.  Penalty. 

1812.  Alabama    flips. 

1813.  Penalty. 

1814.  Saloons— opening  and  closing. 

1815.  Stores  closed   on  Sunday. 
1816-1817-1818.  Articles  that  may  be  sold     on 

Sunday. 

1819.  Loitering  in   stairways. 

1820.  Penalty. 

1821.  Piedmont   Park. 

1822.  Females  not  enter  barrooms. 

1823.  Penalty. 

1824.  Minors   not    permitted   to   enter   billiard 
rooms. 

1825.  Minors  must  not  enter  without   consent 
of  parents. 

1826.  Pool  rooms — when  closed. 

1827.  Penalty. 

1828.  Shooting   in   city. 

1829.  Defacing    buildings. 

1830.  Cock  fighting. 

1831.  Injuring  street  lamps. 

1832.  Gas  and  gasoline  lamps. 

1833.  Barber  shops — close  Sundays. 

1834.  Fresh  meats — not  sell  on  Sundays. 

1835.  Owners  of   houses   ill   fame. 

1836.  Houses  ill  fame — how   abated. 

1837.  Occupants   punished. 

1838.  Evidence  sufficient. 

1839.  Tenants  ejected. 

1840.  Disorderly  houses. 

1841.  Public   meetings. 

1842.  Arrest   of   offenders. 


Section. 

1843.  Arrest    State    offenders. 

1844.  Posse  summoned — how. 

1845.  Interfering   with    policemen. 

1846.  Firing   cannon. 

1847.  Fireworks. 

1848.  Assembling   and    loitering   on   streets. 

1849.  Loitering  in  front  of  churches,  etc. 

1850.  Lodging  in  outhouses,    etc. 

1851.  Penalty. 

1852.  Feeding   animals  on  streets. 

1853.  Passenger  depot. 

1854.  Duty  of  officers  and  policemen. 

1855.  Disturbance  of  schools. 

1856.  Disorderly  conduct  at  churches. 

1857.  Not  drive  faster  than  walk  by  church 
on   Sunday   during   service. 

1858.  Impeding   funeral   procession. 

1859.  Funeral  at  residence  to  be  protected 
by  police. 

1860.  Dut.v  of  guards  at  houses  of  smn'l-pox 
patients. 

1861.  Defacing   poles. 

1862.  Mocking  birds — not  trapped. 

1864.  Limitation  of   prosecutions. 

1865.  Not  go  into  exhibitions  without  pay- 
ment. 

1866.  Penalty. 

1866(a)-1866(b).  Flying    jennies    regtilated. 

1866(c)-1866(d).  Ropers,  pimps  and  suspicious 
criminals. 

1866(e)-1866(f).  Ticket  scalpers  not  to  so- 
licit on  sidewalk. 

1866  (g).   Dance   hall  permits. 

1S67-1868-1869-1S70.  Baseball,  etc.,  must  have 
permission,   and  how  obtained. 

1871.  Penalty. 

1872.  Fortune  tellers  not  allowed. 

1873.  Spiritualists  exempt   from   tax. 

1874.  Spitting  or  throwing  litter  on  side- 
walks,  etc.,   prohibited. 


Public  inde- 
cency,   etc. — 
how   punished. 


Penalty. 


Indecent    dress. 


Section  1803.  Any  person  Avho  shall,  within  the  corporate  limits 
of  Atlanta,  be  guilty  of  an  act  of  public  indecency,  tending  to  debauch 
the  morals  of  any  of  the  citizens,  or  of  quarreling,  or  of  using  obscene, 
vulgar,  profane  language,  or  malicious  mischief,  or  otherwise  act  in  a 
disorderly  manner  (which  offense  is  not  recognized  as  penal  bv  the 
laws  of  this  State),  shall,  on  conviction,  pay  a  fine  of  not  exceeding 
one  hundred  dollars  and  costs,  or  be  imprisoned  in  the  stationhouse 
not  more  than  thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1804.  Any  person  who  shall,  in  the  City  of  Atlanta,  appear 
in  any  public  place  naked,  or  in  an  indecent  or  lewd  dress,  or  shall 
make  any  indecent  exposure  of  his  or  her  person,  or  be  guilty  of  any 
indecent  or  lewd  act  or  behavior,  or  shall  exliibit  or  sell  or  offer  for  sale, 


Part  III. — Ordinances.  415 


any  obscene,  vulgar  or  licentious  book,  picture  or  painting  of  any  char-  obscene  pubii- 
acter  whatever,  or  who  shall  exhibit  or  perform  in  any  hall,  house,  or  cationa. 
public  place  in  said  city,  any  indecent,  immoral,  or  lewd  play  or  dance, 
or  who  shall  sing  to  a  public  audience  any  sacrilegious,  indecent,  vulgar 
or  lewd  song,  shall,  upon  conviction,  be  fined  in  a  sum  of  not  exceeding 
one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty  days,  or 
required  to  work  not  exceeding  thirty  days  on  the  streets  of  said  city, 
in  the  discretion  of  the  Eecorder's  Court.     It  shall  be  the  duty  of  the  pgnaity. 
police  and  officers  of  the  city  to  arrest  every  person  violating  this  ordi- 
nance in  their  presence,  or  on  complaint  of  any  citizen  of  a  violation 
of  this  ordinance  by  any  person  or  persons. 

Sec.  1805.  Any  person  who  shall  make  any  noise  at  night  calcu- 
lated to  disturb  the  public  peace,  or  to  annoy  any  of  the  citizens,  shall  °"^  ^  "'^ 
(if  done  in  the  presence  of  the  Chief  of  Police)  be  arrested  by  him  and 
carried  before  the  Mayor's  Court  for  trial,  and  if  not  done  in  the  pres- 
ence of  said  Chief  of  Police,  then  upon  complaint  made,  he  or  she  Penalty, 
shall  be  proceeded  against  as  in  other  cases  of  a  violation  of  these 
ordinances,  and  be  fined  not  exceeding  one  hundred  dollars  and  costs, 
or  be  imprisoned  in  the  stationhouse  of  said  county  not  more  than 
thirty  days,  in  the  discretion  of  the  court. 

Sec.  1806.     Any  person  who  shall  be  found  drunk,  hooting,  halloo-  Drunkenness, 
ing,  or  making  any  other  unnecessary  or  unusual  noise,  to  the  disturb- 
ance of  any  citizen,  may  be  fined  not  exceeding  one  hundred  dollars  and  Penalty, 
costs,  or  be  imprisoned  not  exceeding  thirty  days. 

Sec.   1807.     It  shall  be  unlawful  for  anv  person  to  be  and  appear^     , 

^     J-  J^  J-  Drunkenness — 

on  the  streets  of  said  city  in  an  intoxicated  condition ;  and  anv  person  fine  of  poo 

•'  '  ^     1  and  costs  or  30 

SO  offending  shall,  on  conviction  thereof  before  the  Eecorder  of  said  ^^y^  imprison- 
city,  pay  a  fine  of  not  exceeding  one  hundred  dollars,  or  be  imprisoned 
not  longer  than  thirty  days,  either,  or  both,  in  the  discretion  of  the 
court ;  provided,  that  anj  person    so    convicted    of    such  offense  may  ^^^-ng^"^  g^ai- 
relieve  himself  or  herself  from  the  penalty  thus  incurred  and  imposed  j-^fop^af^n^of 
by  forthwith  giving  information  and  evidence  which  will  lead  to  the  n?hi^"'o/"-; 
conviction  of  the  person  or  persons  unlawfully  furnishing  him  or  her  ^"°r- 
with  the  liquors  by  which  he  or  she  became  thus  intoxicated. 

Sec.  1808.     It  shall  be  the  duty  of  the  court  convicting  the  offender  ^i^^^j.^  to  in- 
under  the  provisions  of  the  foregoing  section  of  this  ordinance,  to  in-  o°'"This"me'thod 
form  the  defendant  of  the  manner  therein  provided  for  relieving  him-  °^  ''^"^^" 
self  or  herself  from  the  penalty  to  said  offense. 

Sec.  1809.     It  shall  be  unlawful  for  any  prostitute  or  woman  of 
notoriously  lewd  character  to  walk  the  streets,  alleys  or  other  public  nortiiowTd°in 
thoroughfares  of  the  City  of  Atlanta,  or  ride  around  the  same  during  at'^nlght!^'^^^ 
the  night  season.  juiy  is,  issr. 

Sec.  1810.     And  it  shall  be  unlawful  for  any  male  person  to  talk  Men  not  talk 

„        .,.  .  ,  ,       .  with  them   fa- 

in a  lamiliar  manner  to  any  such  woman  or  women,  or  be  m  company  miiiariy. 


416 


Part  III. — Ordinances. 


Penalty. 


Alabama    sling 
or   flips   not 
to  be  kept  or 
carried. 


Penalty. 
Feb.    7,   1887. 


Keeping    open 
doors    after 
hours. 


with  any  such  woman  or  women,  knowing  the  same  to  be  such,  upon 
the  streets,  alleys  or  thoroughfares  of  said  city. 

Sec.  1811.  Any  person  or  persons  violating  the  above  ordinance 
shall,  on  conviction  in  Recorder's  Court  in  said  city,  be  punished  by 
a  fine  not  to  exceed  one  hundred  dollars,  or  imprisoned  not  to  exceed 
thirty  days. 

Sec.  1812.  It  shall  be  unlawful  for  any  person  in  this  city  to  have, 
carrv  or  use  on  the  streets  in  said  city,  what  is  commonly  known  as  the 
"Alabama  slings  or  flips.'' 

Sec.  1813.  Any  person  so  offending,  on  conviction  thereof  in  the 
Recorder's  Court,  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars,  or  imprisoned  not  less  than  thirty  days,  one  or  both,  in 
the  discretion  of  the  court. 

Sec.  1814.  Any  retailer  of  spirituous  or  fermented  liquors,  who 
shall  keep  open  doors  after  the  hour  of  ten  o'clock  at  night  and  before 
five  o'clock  in  the  morning  within  the  City  of  Atlanta,  for  the  purpose 
of  vending  spirituous  liquors,  or  other  intoxicating  drinks,  shall,  upon 
conviction,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  and 
costs,  or  be  imprisoned  in  the  calaboose  or  common  jail  of  said  county 
not  more  than  thirty  days,  in  the  discretion  of  the  Recorder's  Court, 
and  forfeit  his  license  as  a  retailer. 

Sec.  1815.  Any  merchant,  billiard-table,  or  ten-pin  alley  keeper, 
or  other  dealer,  who  shall  keep  open  doors  on  the  Sabbath  day,  or  trade 
or  traffic  on  that  day ;  and  any  person  who  shall  do  work,  or  in  anywise 
labor,  or  cause  work  to  be  done  on  the  Sabbath  day  (except  it  be  work 
of  necessity),  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars 
and  costs,  or  be  imprisoned  in  the  stationhouse  not  more  than  thirty 
days,  in  the  discretion  of  the  court;  provided,  that  the  Mayor  and 
General  Council  may  not  punish  for  violating  the  State  laws  as  on 
the  Sabbath  day. 

Sec.  1816.  It  shall  be  permissible  in  said  city  to  keep  open  for 
selling  and  delivering  milk,  bread  at  restaurants  and  milk  stands,  ice, 
ice  cream,  at  soda  fountains  and  restaurants,  soda  and  mineral  waters, 
newspapers,  and  also  cigars,  cigarettes,  tobacco,  pipes  and  other  tobacco 
dealers'  supplies  at  retail  on  the  Sabbath  day,  and  lor  doing  such  other 
work  of  necessity  or  charity  as  is  permitted  by  the  general  laws  of  this 
State;  but  nothing  in  this  ordinance  contained  shall  be  construed  to 
authorize  any  barroom,  beer  saloon  or  other  dealer  or  trader  to  keep 
open  or  conduct  a  general  business  on  the  Sabbath  day ;  and  the  priv- 
ileges of  this  ordinance  shall  be  confined  exclusively  to  those  who  deal 
only  in  the  articles  above  enumerated  or  referred  to,  or  by  those  who 
are  entitled  by  law  to  keep  open  on  the  Sabliatli  day. 

Sec.  1817.  Those  who  shall  sell  canes,  umbrellas  and  novelties  in 
connection  with  cigars,  cigarettes,  tobacco,  pipes  and  other  tobacco 
dealers'  supplies   during    the   week  days,   shall   not  be  debarred  from 


Keeping  open 
stores,  etc. ,  or 
the   Sabbath. 


Milk,  bread, 
etc.,   may  be 
sold  on  the 
Sabbath. 

June  18,    1891 


Certain    other 
articles  may 
be  sold  on 
Sunday. 


Part  III. — Ordinances.  417 


keeping  open  on  the  Sabbath  day,  for  the  sale  of  said  cigars,  tobacco,  j^^^^  g_  ^g^g 
cigarettes,  pipes  and  other  tobacco  dealers'  supplies;  provided,  that 
they  do  not  sell  such  canes,  umbrellas    and   novelties  on  the  Sahhath 
day. 

Sec.  1818.  It  shall  not  be  unlawful  to  deliver  to  liotels  and  restau-  Meats,  eic,  to 
rants  on  Sundays,  perishable  meats,  vegetables,  fruits,  fisl:  and  oysters  rest^iurants  on 
within  the  limits  of  the  City  of  Atlanta.  May  T  isoo. 

Sec.   1819.     It  shall  not  be  lawful  for  any  person  or  p(>rsons  in  said 
city  to  loiter  or  sleep  on  or  at  the  foot  of  the  stairway  of  any  building  sieepinp" in 

,     .  ,  .  Ill  stairways,    etc., 

in  said  city,  or  to  loiter  or  to  sleep  m  or  on  boxes  or  hogsheads,  or  prohibited  and 

1  punished. 

other  things  m  street  or  sidewalks  or  alleys,  or  on  public  grounds,  or 

T  P  1  -in  1       J>  J""e    4,    1888. 

on  the  private  premises  or  grounds  of  another  without  the  consent  or 
the  person  in  control  of  any  such  premises  or  grounds,  or  to  haljitually 
loaf  around  the  hotels  and  public  places  of  the  city. 

Sec.  1820.     Any  person  violating  the  foregoing  shall,  on  conviction 
thereof,  be  fined  not  exceeding  one  hundred  dollars,  or  be  imprisoned  Penalty, 
not  exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the  Re- 
corder's Court. 

Sec.  1821.     All  laws  and  ordinances  now  in  force  pertaining  to  the  ^^^j^^^^^pg  ^^ 
maintenance  of  peace  and  good  order  within  the  corporate  limits  of  l^^^^^^  Park!'*"^' 
said  city,  be,  and  the  same  are  hereby,  declared  of  force  Avithin  the  ^^^^.  ^^^  ^gg^^ 
limits  of  the  territory  embraced  in  Piedmont  Park. 

Sec.  1833.  It  shall  be  unlawful  for  any  woman  or  girl  to  enter  any  pemaies  not  to 
bar-room  or  room  connected  with  a  bar-room  in  the  City  of  Atlanta,  ^^^"  barrooms 
for  the  purpose  of  drinking  or  loitering  therein.  '^"'^  '''  ^^^' 

Sec.  1833.  And  any  woman  or  girl  violating  this  ordinance,  and 
proprietor  or  employe  in  a  bar-room  permitting  such  violation,  shall  ^"^  ^' 
be  arrested,  and  on  conviction  in  the  Eecorder's  Court  shall  be  pvmished 
by  a  fine  not  less  than  five  dollars  nor  exceeding  one  hundred  dollars, 
or  by  imprisonment  not  exceeding  thirty  days,  in  the  discretion  of  the 
court. 

Sec.  1821:.     It  shall  not  be  lawful  for  anv  i)erson  or  persons  having 

'  .     ""  Keepers   of 

charge  or  control  of  any  pool  or  billiard  room  and  tables  kept  for  hire,  billiard  or  pool 

T       .       .  ,  .  „  rooms   or   ta- 

to   admit  into   any  such   room  any  minor,  or   to   allow   any  minor  Wes  not  to  ai- 

"^  low  minors   to 

to   play   at   anv   such   billiard   or   pool    talne,    without    the   written  enter  or  piay 
n     .  '  1  without  writ- 

consent    of    the    parent     or    guardian     of     such     minor ;    and     any  ten  consent  of 

.  parent    or 

person  or  persons  violating    the  provisions  of  this  ordinance,  shall,  guardian. 
on  conviction  thereof,  be  punished  by  a  fine  of  not  exceeding  one  hun- 
dred dollars  and  costs,  or  imprisonment  of  not  longer  than  thirtv 

^  n  ,    Penalty. 

days,  either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1825.     Any  minor  who  shall,  without  the  written  consent  of 
his  parent  or  guardian,  enter  any  room  or  place  where  billiard  or  pool  enter'^or^pLy*** 
tables  are  kept  for  hire,  or  who  shall,  without  such  consent,  plav  at  p"oo'i''room  °^ 
any  billiard  or  pool  table  kept  for  hire,  shall  be  subject  to  the  same  ten''""ns7ntr 
penalty  prescribed  in  the  section  next  preceding.     And  it  shall  be  the"**"- 

(27) 


418 


Part  III. — Ordinances. 


Pool  rooms 
opening  and 
closing. 


July   18,    1805. 


Shooting    in 
city. 


Defacing 
buildings. 


Cock    fighting. 


Injuring    street 
lamps. 


Penalty. 


Gas   and  gaso- 
line   lamps   not 
to  be  inter- 
fered  with. 


April   6, 


Barbers   pro- 
hibited   from 
keeping    open 
shops    or    pur- 
suing vocation 
on   Sabbath. 


duty  of  the  Police  Department  to  enforce  strictly  all  the  provisions 
of  this  ordinance. 

Sec.  1820.  All  pool  and  l)illiard  rooms  and  places  in  the  City  of 
Atlanta  shall  close  at  ten  o'clock  each  and  every  night,  and  shall  not 
reopen  earlier  than  five  o'clock  a.  m. 

Sec.  1827.  Any  person  violating  the  foregoing  section,  shall  on 
conviction,  be  fined  not  exceeding  one  hundred  dollars  and  costs,  or 
imprisoned  not  exceeding  thirty  days,  either  or  both,  in  the  discretion 
of  the  Eecorder's  Court. 

Sec.  1828.  Any  person  shooting  with  any  fire-arms  in  said  city, 
unless  it  be  in  a  licensed  shooting  gallery,  or  by  permission  of  the  Mayor 
and  General  Council,  on  military  parades,  shall  be  fined,  on  conviction, 
in  a  sum  not  exceeding  one  hundred  dollars  and  costs,  or  be  impris- 
oned not  more  than  thirty  days  in  the  stationhouse  or  public  works, 
in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1829.  Any  person  who  shall  write,  paint,  draw,  carve,  or  cut 
any  letter  or  letters,  word,  words,  or  device,  or  in  any  way  mutilate 
or  deface  any  church,  public  building,  private  house,  wall,  or  fence, 
belonging  to  another  in  said  city,  or  shall  post  any  bills  on  the  same 
without  the  owner's  consent,  shall,  on  conviction,  be  fined  not  exceed- 
ing one  hundred  dollars  and  costs,  or  be  imprisoned  not  more  than 
thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1830.  Any  person  who  shall  fight  chicken  cocks  in  the  corpo- 
rate limits  of  this  city,  either  with  or  without  gaffs,  and  any  person 
who  shall  bet  any  money,  or  other  things  of  value  at  a  chicken  cock 
fight,  shall  be  liable,  on  conviction,  to  pay  a  fine  of  not  exceeding  fifty 
dollars  and  cost  of  trial,  or  be  imprisoned  in  the  stationhouse  or  public 
works  not  more  than  thirty  days,  in  the  discretion  of  the  Eecorder's 
Court. 

Sec.  1831.  Any  per.son,  or  persons,  who  shall  break,  injure,  or 
deface  any  of  the  street  lamps,  or  lamp  posts,  or  gas  fixtures,  belonging 
to  the  city,  or  the  Atlanta  Gas  Light  Company,  shall,  on  conviction,  pay 
a  fine  of  not  exceeding  one  hundred  dollars  and  costs,  or  be  impris- 
oned not  exceeding  thirty  days  in  the  stationhouse  or  public  works,  in 
the  discretion  of  the  Eecorder's  Court. 

Sec.  1832.  Any  person  or  persons  who  shall  break,  deface,  or  otli- 
erwise  wantonly  and  improperly  interfere  with  any  of  the  gas  or  gas- 
oline lamps  in  this  city,  shall,  on  conviction  before  the  Eecorder's 
Court,  pay  a  fine  not  exceeding  fifty  dollars,  or  be  imprisoned  not  ex- 
ceeding thirty  days. 

Sec.  1833.  It  shall  be  unlawful  for  any  barber  to  keep  open  on 
the  Sabbath  day,  or  to  pursue  his  vocation  in  any  manner  on  said  day 
within  the  said  city,  and  any  person  so  offending  shall,  on  conviction 
before  the  Eecorder's  Court,  of  said  city,  be  fined  in  a  sum  not  exceed- 


Part  III. — Ordinances.  419 


ing  fifty  dollars,  or  imprisoned  not  longer  than  thirty  days,  either  or  j^^j^.  .^^   ^^. 
both,  in  the  discretion  of  the  court. 

Sec.  1834.     It  shall  be  unlawful  for  any  butcher,  grocer  or  dealer 
in  fresh  meats,  vegetables,  fish,  oysters,  fruits  or  melons  to  keep  open  efy^of "reslf'"'' 
doors  in  said  city  on  the  Sabbath  day,  or  send  out  that  day  to  his  cus-  ^c**^on"the 
tomers  any  of  such  goods  previously  sold.     Any  violation  of  this  ordi-  ^oMblted^ 
nance  shall,  on  conviction  before  the  Recorder's  Court,  be  punished  Aug.  3,  isss. 
with  a  fine  not  to  exceed  fifty  dollars  for  each  offense,  or  imprison-  see  see.  18I8. 
nient  not  longer  than  thirty  days,  either  or  both,  in  the  discretion  of 
the  court. 

Sec.  1835.  Any  owner,  or  agent  of  such  o\vner,  of  any  lu)use  or 
houses,  who  may  rent,  or  cause  to  be  rented,  or  occupy,  or  allow  to  be  houses  of  iii- 
occupied,  any  house,  or  portion  of  a  house,  to  be  used  as  a  house  of  ill- 
fame,  in  the  City  of  Atlanta,  shall,  upon  conviction  thereof,  pay  a  fine 
of  not  exceeding  one  hundred  dollars,  and  shall  be  imprisoned  in  the 
calaboose  not  exceeding  thirty  days,  in  the  discretion  of  the  Recorder's 
Court,  and  any  owner,  or  agent  of  such  owner,  of  any  house  or  houses 
in  said  cit}^,  who  shall  suffer  or  permit  any  woman  of  ill-fame  to  occupy 
any  such  house  or  houses,  within  said  city,  for  the  purpose  of  fornica-  Penalty, 
tion  or  adultery,  for  the  space  of  two  days  after  notice  thereof  by  the 
Chief  of  Police,  shall,  upon  conviction  thereof,  be  subject  to  all  the 
pains  and  penalties  specified  m  this  section. 

Sec.  1836.  Any  person  being  the  owner  or  occupant  of  a  house 
■of  ill-fame,  who  shall  continue  the  same,  or  allow  the  same  to  be  con-  Abated-how. 
tinned  for  two  days  after  the  same  has  been  so  adjudged  by  the  Re- 
corder's Court,  on  conviction  thereof,  shall  be  fined  in  a  sum  not 
exceeding  one  hundred  dollars  and  costs,  or  be  imprisoned  not  exceed- 
ing thirty  days  in  the  calaboose,  or  both,  in  the  discretion  of  the  court ; 
and  it  shall  be  lawful  for  the  Chief  of  Police,  by  the  order  of  the  Re- 
corder, Mayor,  or,  in  his  absence,  the  Mayor  pro  tern.,  or  three  members 
of  Council,  to  abate  such  nuisance  by  demolishing,  tearing  down,  or 
closing  up  such  house  or  houses,  for  which  he  shall  receive  such  sum 
as  may  be  adjudged  reasonable  by  the  said  Recorder's  Court,  for 
his  services,  to  be  paid  by  the  owner. 

Sec.  1837.     Any  person  or  persons,  who  shall  occupy,  or  allow  to 
be  occupied,  any  house,  or  portion  of  a  house,  to  be  used  as  a  house  of  houTs'oMu- 
ill-fame  in  the  City  of  Atlanta,  shall,  upon  conviction  thereof,  pay  a  *^"'''' 
fine  of  not  exceeding  five  hundred  dollars,  or  be  imprisoned  not  ex-  penalty, 
ceeding  thirty  days,  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1838.     Circumstances  from  which  it  may  be  reasonably  in- 
ferred that  any  house  is  inhabited  by  disorderly  persons  of  immoral  mSe'  "^' 
character  and  notoriously  bad  fame,  shall  be  sufficient  to  establish  the 
fact  that  such  house  is  a  disorderly  house,  or  house  of  ill-fame. 

Sec.  1839.     When  any  house  or  houses  shall  be  adjudged  by  the 
Recorder's  Court,  to  be  a  house  or  houses  of  ill-fame,  and  the  occupant  ^enantT  °^ 


420 


Part  III. — Ordinances. 


Disorderly 
houses. 


Penalty. 


Public    meet- 
ings. 


or  occupants  is  not  the  owners  thereof,  it  shall  be  the  duty  of  the  Chief 
of  Police  to  eject  the  tenant  or  tenants  therefrom. 

Sec.  1840.  Any  person  or  persons  who  shall  permit  parties  of  dis- 
orderly character  to  assemble  in  his  or  their  house  or  houses,  within 
the  corporate  limits  of  the  City  of  Atlanta,  to  the  disturbance  of  the 
citizens  residing  in  his,  her  or  their  neighborhood,  shall  be  guilty  of 
keeping  a  disorderly  house,  and  shall,  on  conviction,  be  fined  not  ex- 
ceeding one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty 
days,  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1841.  The  president,  chairman,  or  other  officer,  or  com- 
mittee of  men,  or  any  persons  who  desire  or  intend  to  call  a  public 
meeting  of  the  citizens  of  Atlanta,  for  political  purposes,  shall  notify 
the  Mayor,  or  Chief  of  Police,  of  such  desire  or  intent,  and  of  the  time 
and  place  of  meeting,  before  said  meeting  is  called,  and  upon  failure 
to  do  so,  upon  conviction  thereof,  shall,  be  fined  not  exceeding  fifty 
dollars  and  costs,  or  he  imprisoned  in  the  calaboose  of  the  city  not 
exceeding  thirty  days,  in  the  discretion  of  the  Recorder's  Court;  and 
upon  receiving  such  notice  it  shall  be  the  duty  of  the  Mayor  or  Chief 
of  Police,  to  attend  such  meeting  with  a  sufficient  police  force  to  pre- 
serve peace  and  order ;  provided,  it  shall  not  be  lawful  to  hold  any  such 
meeting  in  any  of  the  public  streets  of  the  City  of  Atlanta  without 
the  consent  of  the  Mayor  and  General  Council,  or  the  Mayor  and 
Chairman  of  the  Board  of  Police  Commissioners  of  the  City  of  At- 
lanta ;  and  any  person  calling  or  holding  any  public  meeting,  in  any  of 
the  streets  of  the  City  of  Atlanta,  without  such  consent,  shall,  upon 
conviction  thereof  in  the  Recorder's  Court  of  said  city,  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars,  or  imprisoned  not  exceeding 
thirty  days,  in  the  discretion  of  the  court. 

Sec.  1842.  The  police  shall  arrest  and  confine  in  the  guardhouse 
any  offender  against  the  laws  and  ordinances  of  this  city,  where,  in 
their  Judgment,  such  arrest  and  confinement  is  necessary  to  secure  said 
offender's  appearance  before  the  court,  to  answer  his  or  her  offense,  or 
preserve  the  peace  of  the  city ;  or,  they  may  take  bond  and  good  secur- 
ity, to  be  judged  by  the  arresting  officer,  to  appear  and  abide  their  trial. 

Sec.  1843.  Any  person  who  shall  commit  a  violation  of  the  penal 
laws  of  this  State  in  the  presence  of  the  Chief,  or  officer  or  member 
of  the  police  force,  shall  be  arrested  by  them,  or  either  of  them,  and 
carried  before  some  proper  officer  for  examination,  and  if  ordered  by 
the  Mayor,  or  any  member  of  Council,  or  by  the  Court,  to  prosecute 
any  such  offender,  he  shall  do  so. 

Sec.  1844.  Any  person  or  persons  in  said  city,  between  the  ages 
of  eighteen  and  fifty  years,  who,  upon  being  summoned  by  a  member 
of  the  police  force,  or  Mayor,  or  a  member  of  Council,  to  aid  in  sup- 
pressing an  affray,  breach  of  the  peace,  or  other  outrage,  shall  refuse 
so  to  do,  or  refuse  to  arrest  or  aid  in  arresting  any  offender  against 


See   sections 
undpr  head   of 


Violation  of 
penal  laws, 
etc. 


Persons    sum- 
moned to  sup- 
press affiays, 
etc. 


Part  III. — Ordinances.  421 


the  laws  of  this  State,  or  any  ordinance,  and  any  person  who  shall  op- 
pose, resist,  or  obstruct  any  police  officer  in  the  discharge  of  any  duty, 
or  the  police,  in  the  arrest  of  any  offenders  against  any  ordinance  or  Penalty, 
law  of  this  State,  or  other  discharge  of  duty,  shall,  on  conviction,  pay 
a  fine  of  not  exceeding  one  hundred  dollars  and  cost,  or  be  imprisoned 
not  exceeding  thirty  days,  or  both,  in  the  discretion  of  the  Recorder's 
Court. 

Sec.  1845.     It  shall  be  unlawful  after  the  passage  of  this  ordinance, 
for  any  ]X'rson  or  persons  to  hinder,  obstruct,  or  impede  any  police  P"'"'^'"^*'"- 
officer,  or  policeman,  in  the  discharge  of  any  duty ;  it  shall  be  unlawful 
to  menace  or  threaten  such  officers,  or  men,  while  in  the  discharge  of  interfering 
such  duty,  and  no  person  or  persons  shall  follow  up  said  officer,  or  men, 
while  in  charge  of  prisoners  after  he  or  she  has  been  commanded  to 
desist,  or  after  any  crowd  shall  have  been  commanded  to  disperse,  and 
any  person  or  persons  who  shall  or  may  be  guilty  of  the  foregoing  acts, 
shall,  upon  conviction  of  the  Recorder,  or  ilayor,  or  other  officer  pre-  penalty, 
siding  in  the  Recorder's  Court,  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  or  be  confined  at  hard  labor  on  the  streets  of  said 
city  for  a  space  not  exceeding  thirty  days,  in  the  discretion  of  the 
court. 

Sec.  1846.  It  shall  be  unlawful  for  any  person  or  persons,  or  com- 
pany, within  the  incorporate  limits  of  the  city,  to  fire  off  a  cannon,  or  '""^^  f«""on- 
other  piece  of  artiller}^,  without  special  permission  of  the  Mayor  and 
General  Council.  Any  person,  or  persons,  who  shall  violate  this  ordi- 
nance shall  each  be  fined  not  exceeding  one  hundred  dollars  and  cost,  or  Penalty, 
be  imprisoned  not  more  than  thirty  days,  or  both,  in  the  discretion  of 
the  Recorders  Court. 

Sec.  184T.     Anv  person  wlio  shall  burn  rockets  or  crackers,  or  am-    . 

^  ■  -    Fireworks. 

kind  of  fireworks,  within  the  incorporate  limits  of  the  City  of  At- 
lanta, without  permission  in  writing  from  the  Mayor,  shall,  on  convic- 
tion of  such  offense,  pay  a  fine  of  not  exceeding  five  dollars  and  cost,  Penalty, 
in  the  discretion  of  the  Recorder's  Court. 

Sec.  1848.     Any  person  assembling  and  loitering  on  the  streets  in  As=;embiincr 
sufficient  numbers,  or  in  any  such  manner  as  to  be  an  obstruction  to  on'^str°eets""" 
free  passage  on  the  streets  or  sidewalks  or  crossings,  and  failing  to  oct.  e,  isro. 
disperse  upon  notification  of  any  officer  or  member  of  the  police  force, 
or  any  citizen,  shall,  on  conviction,  be  fined  not  exceeding  one  hundred  penalty, 
dollars,  or  be  imprisoned  not  longer  than  thirty  days,  in  the  discretion 
of  the  Recorder's  Court. 

Sec.  1849.     Any  and  every  person  who,  in  said  city,  after  having 
been  directed  by  any  officer  or  member  of  the  police  force  to  move  away  of  chVches!°°' 
therefrom,  shall  remain  or  loiter  in  front  of  any  church  or  other  place  ed?"  p'"'"'''*- 
of  public  worship  during  service  therein,  or  in  front  of  any  theatre,  con-  Aug.  5,  is89. 
cert  hall,  ball  room,  etc.,  or  in  front  of  any  coffee  house,  bar-room,  or  se^  sec.  i8.56. 
beer  saloon,  or  shall  loiter  or  idle  his  or  her  time  on  the  sidewalks  or 


422 


Part  III. — Ordinances. 


Lodging   in 
outhouses,    etc. 

Fraudulent 
begging. 

Public  play- 
ing and  bet- 
ting. 


public  streets  of  this  city,  shall  be  deemed  an  idle  and  disorderly  per- 
son, and,  on  conviction  thereof,  shall  be  punished  as  hereinafter 
provided  in  Section  1851. 

Sec.  1850.  Any  or  every  person  in  said  city,  wandering  abroad^ 
lodging  in  any  barn  or  outhouse,  or  in  any  deserted  or  unoccupied 
building,  or  in  the  open  air,  and  not  having  any  means  of  subsistence 
and  not  giving  a  good  account  of  himself  or  herself,  and  any  and 
every  person  who  shall  in  said  city  endeavor  to  procure  charitable  con- 
tributions under  fraudulent  pretence,  and  every  person  who  shall  in 
said  city  play  or  bet  in  any  street  or  public  place  at  any  game  or  pre- 
tended game  of  chance,  shall,  on  conviction  thereof,  be  punished  as 
hereinafter  provided  in  Section  1851. 

Sec.  1851.  Any  person  who  shall  be  convicted  of  violating  any  or 
either  of  the  provisions  of  the  foregoing  ordinance  shall,  for  each  of- 
fense, be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not 
exceeding  thirty  days,  either  or  both,  in  the  discretion  of  the  Kecord- 
er's  Court. 

Sec.  1852.  Any  person  or  persons  who  shall  feed  anv  horse,  mule,, 
cow,  or  other  animal,  on  the  streets  of  the  city,  except  it  be  from  feed 
buckets  or  bags  suspended  from  the  head  of  such  animal,  shall,  on 
conviction,  be  punished  by  fine  not  exceeding  one  hundred  dollars,  or 
be  imprisoned  not  more  than  thirty  days,  in  the  discretion  of  the  Re- 
corder's Court. 

Sec.  1853.  It  shall  not  be  lawful  for  any  person  or  persons  to 
enter  the  General  Passenger  Depot  in  said  city  in  the  capacity  of  porter 
or  porters  for  any  hotel  or  boarding  house,  except  with  the  consent  of 
the  railroad  authorities  in  charge  of  said  depot,  and  any  person  vio- 
lating this  ordinance  shall  be  tried  by  the  Recorder's  Court,  and,  upon 
conviction,  shall  pay  a  fine  of  not  exceeding  one  hundred  dollars,  or 
be  imprisoned  not  exceeding  thirty  days. 

Sec.  185-1:.  If  any  person  or  persons  entering  said  General  Pass- 
enger Depot,  and  violating  the  rules  governing  the  same,  or  obstruct- 
ing the  business  of  the  railroad  authorities  interested  therein,  may  be 
ordered  out  by  the  police  officer  in  charge,  and  upon  refusal  to  go  he 
thall  be  arrested  and  tried  for  a  violation  of  this  section,  and,  upon  con- 
viction, shall  be  punished  as  provided  in  the  first  section  hereof ;  pro- 
vided, said  rules  shall  be  such  as  are  reasonable,  and  which  said  Mayor 
and  General  Council  shall  have  approved. 

Sec.  1855.  Xo  person  shall  be  permitted  at  or  near  any  public 
school  house  in  this  city  to  engage,  by  conversation,  sign  or  otherwise,, 
the  attention  of  any  of  the  pupils  at  said  schools  to  the  disturbance 
of  the  same  or  the  detriment  of  the  discipline  of  such  schools,  and  any 
person  doing  so  shall,  on  conviction,  be  fined  not  more  than  one  hun- 
dred dollars,  or  imprisoned  not  longer  than  thirty  days,  in  the  discre- 
tion of  the  Recorder's  Court. 


Refers  to  Sec- 
tions 1849  and 


Feeding  ani- 
mals on  the 
streets. 

Feb.    20,    1885 


Passenger 
Depot. 


Duty  of  police 
officers  and  po- 
licemen. 

Penalty. 

Rules  must  be 
approved    by 
Mayor  and 
General    Coun- 
cil. 


Disturbance   of 
public    schools. 

Dec.   4,   1882. 


Penalty. 


Part  III. — Ordinaxces.  423 


Sec.   185G.     No  person  or  persons  shall  congregate  in  and  around 
any  clmrch  in  the  City  of  Atlanta,  either  before,  after,  or  during  divine  churches, 
service,  in  such  a  disorderly  or  rude  manner  as  to  become  and  be  of-  Djgorderiy/ 
fensive,  and  a  disturbance  to  those  attending  such  church,  and  it  shall  conduct, 
be  unlawful  for  any  person  or  persons,  by  such  unseemly  gatherings,  g^^  g^^  jg^^,^ 
or  by  loud  talking,  whistling,  or  laughing,  to  disturb  any  congrega- 
tion of  people  assembled  for  divine  service  in  this  city.     It  shall  be 
unlawful  for  any  person  or  persons  to  be  engaged  in  smoking,  loud 
talking  or  laughing  in  or  near  the  entrance  or  vestibule  of  any  church 
in  this  city  during  divine  worship.     Any  person  or  persons  violating  penalty, 
this  ordinance,  on  conviction  before  the  Eecorder's  Court,  shall  be  jjov.  5,  issa. 
fined  in  a  sum  not  less  than  one  nor  more  than  one  hundred  dollars,  or  ^^^^   jq^  iggg, 
be  confined  upon  the  public  works   not   less   than   one  nor  more  than 
thirty  days,  one  or  both,  in  the  discretion  of  the  court. 

Sec.  1857.     From  and  after  the  passage  of  this  ordinance  it  shall  To  prevent  the 

,  CI         1  T        •  disturbance    of 

be  unlawful  lor  anv  vehicle  to  pass    any    church    on    Sunday  during  public  worship. 

1        '  '■    n       •  1   •  J  •  1     11  ^^'  ^^^  rapid 

services  taster  than  a  walk,     xiny  one  violating  this  section  shall,  on  driving  of  ve- 
conviction  thereof  in  the  Eecorder  s  Court,  be  fined  not  exceeding  one 
hundred  dollars,  or  imprisonment  not  exceeding  thirty  days. 

Sec.  18.58.     Any  person  or  persons  who  shall  drive  a  vehicle  of  anv  , 

•J    i  ^  •    Impeding'   fu- 

kind  through  any  line  of  vehicles  following  any  funeral  procession  nerai  procea- 


sions. 


Nov.  7, 


through  the  streets  of  the  city,  or  in  any  way  impeding,  retarding,  or 
interfering  with  any  such  procession,  shall,  on  conviction  in  the  Ke- 
corder's  Court,  be  fined  not  more  than  one  hundred  dollars,  or  impris- 
oned not  longer  than  thirty  days. 

Sec.  1859.     It  is  hereby  put  within  the  power  of  the  Chief  of  Police,  officers  may 
within  his  discretion,  upon  notice  from  the  funeral  directors,  having  ^^g"*™^  occa'- 
in  charge  any  funeral  to  occur  at  the  residence  of  any  person  in  the  funlrafs.^"^"^^ 
City  of  Atlanta,  of  the  time  and  place  of  such  funeral,  to  detail  police-  oct.  20,  isoe. 
men  to  direct  the  passing  of  such  house  by  vehicles  other  than  street 
cars,  police  or  fire  machines,  or  ambulances,  during  the  progress  of  the 
funeral  exercises. 

Sec.  1860.     Any  person  or  persons  filling  the  position  of  guard  or 
guards  at  any  place  in  the  city,  where  small-pox  patients  are  confined,  smaUpox  pa- 
who  shall  permit  any  person  or  persons  to  enter  or  leave  the  premises  aiiow  any  one 
without  the  permission  of  the  Board  of  Health,  shall,  on  conviction, 
be  fined  not  more  than  one  hundred  dollars,  or  imprisoned  not  longer "   "     ' 
than  thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1861.     Any  person  or  persons  who  shall  post  any  hand-bills, 
advertisements  or  pictures  upon  any  painted  telegraph  or  telephone  sj-aph  or  teie- 
poles,  or  who  shall  mar  or  deface  the  same  by  cutting  or  whittling,  or  ^  ,    ,-   ,o=a 

.  JO  07  Jy]y        li^         lgg2, 

who  shall  tie  any  horse  or  other  animal  to  any  painted  poles,  shall,  on 
conviction,  be  fined  not  more  than  twenty-five  dollars,  or  imprisoned  Penalty, 
not  longer  than  twenty  days,  in  the  discretion  of  the  Recorder's  Court. 
Sec.  1862.     No  person  shall  be  permitted  to  decoy  and  trap  mock- 


424  .  Part  III. — Ordinances 


g  birds  within  the  limits  of  said  city,  and  any  person  so  offending 


Mocking    birds 


m 


tra  *ed''^         shall,  on  conviction  before  the  Recorder's  Court  of  said  city,  be  pun- 
oct  5  1885      i?hed  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprisonment 
not  longer  than  thirty  days,  either  or  both,  in  the  discretion  of  the 
court. 

Sec.  ISGrt.  All  prosecutions  for  violations  of  city  ordinances  shall 
prSecuu°ons.°*  ^6  commenccd  within  two  years  after  such  violation,  and  any  offense 
May  3,  1886.  against  said  ordinances  for  which  no  prosecution  is  begun  within  two 
years  after  its  commission,  shall  be  barred,  unless  the  party  shall  have 
been  beyond  the  City  of  Atlanta,  in  which  case  the  time  of  absence 
from  the  city  shall  not  be  embraced  or  computed  as  within  said  two 
years. 

Sec.  18G5.  That  it  shall  not  be  lawful  for  any  person  to  enter  into 
Entry  fee  any  cuclosure  where  an  entry  fee  is  charged,  in  any  other  than  the 

must   be   paid.  i  n         t 

usual  and  ordinary  way. 

Sec.  1866.  Any  person  violating  Section  1865  of  this  Code  shall, 
Sept.  19,  1887.  ou  convictiou  thereof  before  the  Recorder's  Court,  be  fined  not  exceed- 
Penaity.  ing  twenty-fivc  dollars,  or  imprisoned  not  exceeding  thirty  davs,  either 

or  both,  in  the  discretion  of  the  court. 

Sec.  1866(a).     It  shall  be  unlawful  for  any  person,  firm  or  cor- 
Fi  in    "ennies  po^atiou  to  usc  or  Operate  a  flying  jenny  or  other  similar  exhibition, 
have  "eimits     ^^  ^^^  place  iu  the  City  of  Atlanta,  except  such  as  may  have  l^een  ap- 
Au     8  1895     proved  or  designated  by  the  Mayor  and  General  Council,  acting  upon 
the  petition  of  the  party  desiring  to  use  or  operate  such  jenny  or  sim- 
ilar apparatus  or  exhibition. 

Sec.  1866 (&).  Any  person,  firm  or  corporation  violating  the  fore- 
Penaity.  S^^^S  scction,  shall,  upon  conviction  of  such  violation  in  the  Record- 

er's Court,  be  punished  by  fine  not  to  exceed  one  hundred  dollars,  or 
imprisonment  not  to  exceed  thirty  days,  in  the  discretion  of  the  court. 
Sec.  1866(c).  Every  person  who  follows  in  the  City  of  Atlanta 
the  occupation  of  enticing  strangers  and  others  to  visit  gambling 
and"nticers.^^  houscs,  or  to  gamble,  all  persons  commonly  known  as  ropers  or  cap- 
pers, and  all  persons  commonlv  known  as  pimps,  shall  be  punished, 
upon  conviction  before  the  Recorder's  Court,  by  a  fine  of  not  more 
than  one  hundred  dollars,  or  imprisoned  not  more  than  tliirty  days, 
either  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1866(d).     Any  suspicious  person  or  character  who  shall  come 
to  the  Citv  of  Atlanta  for  anv  unlawful  pur])ose,and  esiM'ciallv  witli  the 

Suspected  '  "  •    i  i  i'    ,•  i 

criminals.  intent  to  commit  any  burglary,  or  })i('k  ]xx-kets,  or  to  steal  Irom  the 

.\ug.  21,  1895.   person  or  house,  or  to  gamble,  and  shall  not  leave  the  city  immediately 

upon  being  notified  by  the  police  force,  or  any  incnil)er  thereof,  to  do 

so,  shall  be  deemed  a  vagrant  or  idler,  and  upon  conviclion  lu'Torc  tlie 

„     ,  Recorder's  Court,  of  the  violation  of  anv  of  the   provisious  of  this 

Penalty.  '  '  n  ■ 

ordinance,  shall  be  fined  not  more  than  one  bund  red  dollars,  oi-  mi- 


Part  III. — Ordinances.  425 


prisoned  not  more  than  thirty  days,  either  or  both,  at  the  discretion 
of  the  conrt. 

Sec.  186G(f).     It  shall  be  unlawful  for  any  employe  of  any  cut- Ticket  scaip- 
rate  ticket  office  or  dealer  to  stand  on  the  sidewalk  and  call  out  to  per-  dealers  not  to 
sons  passing  by  in  order  to  induce  patronage  to  such  office  or  dealer,  sidewalk. 

Sec.  1866 (/■■).     Any  person   convicted    of    a    violation  of  Section 

Oct.    29     1895. 

1866(e)  shall  be  subject  to  punishment  by  fine  not  to  exceed  one  hun- 
dred dollars,  or  imprisonment  not  to  exceed  thirty  days,  either  or  both 
of  such  punishments,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1866  ( (7 ).     All  applications  for  license  to  conduct  dance  houses  Ordinance  reia- 

^^  '  1-  1^  tjyg  to  dance 

shall  be  made  to  the  Mayor  and  General  Council,  and  referred  to  the  houses. 
Police  Committee,  and  reported  upon  by  that  committee.  June  24.  im. 

Sec.  1867.     It  shall  be  unlawful  for  any  corporation,  firm  or  indi- 

•'  ^  ,  .        Athletic    g-ames 

vidual  to  keep  or  maintain  within  the  corporate  limits  of  said  city  regulated. 
a  park  or  grounds  upon    which    baseball    or    other  athletic  games  or 
athletic  sports  shall  be  engaged  in  for  public  amusement  without  first 
having  obtained  permission  of  the  Mayor  and  General  Council  of  said 
city,  except  as  hereinafter  provided. 

Sec.  1868.     All  applications  for  such  permission  shall  distinctlv  .    ,.     . 

^  ^  ^  •    Application   for 

state  where  said  park  or  grounds  are  to  be  located,  the  character  of  permit, 
the  sports  or  games  to  be  played,  the  class  of  persons  who  are  to  par- 
ticipate in  the  same,  and  the  time  for  which  said  permission  is  desired. 
All  permits  given  shall  be  subject  to  revocation,  in  the  discretion  of  the 
Mayor  and  General  Council.' 

Sec.  1869.     In  the  interval  between  regular  meetings  of  the  Gen- ., 

^  °  Mayor   acts  be- 

eral  Council,  the  ]\Iavor  shall  have  authoritv,  in  his  discretion,  to  grant  t^een  sessions 

'         ^  of  Council. 

permission  for  games,  sports  or  public  amusements,  not  specified  in 
the  general  permit.  Such  permit  to  be  of  force  only  until  the  first 
regvilar  meeting  of  the  General  Council  after  the  same  is  granted,  un- 
less approved  and  extended  by  the  Mayor  and  General  Council. 

Sec.  1870.     No  athletic  games,  sports  or  other  public  amusements  ^^^    ^^^^ 
shall  be  engaged  in  at  any  park  or  on  any  grounds  now  used  for  such  without  pe;-- 
purposes  after  the  first  Monday  in  August,  1891:,  except  as  herein  pro- 
vided. 

Sec.  1871.  It  is  made  the  duty  of  the  Police  Department  to  enter 
cases  and  prosecute  in  the  Recorder's  Court  whenever  the  playing  of  caTes'^Lr  "^ 
games  or  sports  at  any  park  or  grounds  becomes  a  nuisance.  Any  cor- 
poration, firm  or  individual  who  shall  violate  any  of  the  provisions 
of  this  ordinance,  or  any  person  playing  or  participating  in  a  game 
for  which  no  permit  has  been  granted,  shall,  upon  conviction  thereof 
in  the  Eecorder's  Court,  be  punished  by  a  fine  of  not  more  than  one 
hundred  ($100.00)  dollars,  and  imprisonment  and  labor  ui)on  the  pub- 
lic works  of  the  city  not  exceeding  thirty  days,  either  or  both,  in  the 
discretion  of  the  court,  for  each  and  everv  offense. 


1    See   ordinance  of  1S97  on  same  subject. 


426  Part  III. — Ordinances. 


Sec.   1872.     It  shall  be  unlawful  for  any  person  in  the  City  of  At- 
lanta to  practice  the  calling  or  profession  of  fortune  teller  or  astrol- 


Astrologers 


and  fortune      ogQT.     Any  person  violating  this  ordinance  shall,  on  conviction  thereof 
tellers.  fgp  each  otfeuse,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars 

and  costs,  or  imprisoned  not  exceeding  thirty  days,  either  or  both,   in 
the  discretion  of  the  Recorder's  Court. 

Sec.  1873.     All  spiritualist  and  liberal  ministers  are  exempt  from 
Fortune  tellers  taxatiou  for  preaching  or  demonstrating  psychic  researches,  in  public 
fs'ts   ^P'"^""*^'  or  private,  in  the  City  of  Atlanta;  provided,  they  are  authorized    by 
May  9  1896       churchcs  or  societies  chartered  by  the  State  of  Georgia  or  the  United 
States;  provided,  further,  that  this  ordinance  shall  not  be  construed 
so  as  to  authorize  any  person  to  carry  on  the  business  of  telling  fort- 
unes in  the  City  of  Atlanta  under  the  guise  of  seances  or  otherwise. 
Sec.  1874.     It  shall  be  disorderly  conduct,  and  unlawful    for    any 
Spitting  and     °^®  ^°  ^P^^  °^  throw  hulls,  peeliiigs  or  other  litter  upon  the  sidewalks^ 
terTn"fidl-^'    °^  upou  the  floors  of  churches,  public  halls,  theatres,  street  cars  or 
other  public  places  over  which  ladies  are  accustomed  to  pass  in  this  city. 
Any  one  violating  any  of  the  provisions  of  this  ordinance,  shall,  on 
conviction  before  the  Recorder's  Court,  and,  in  the  court's  discretion, 
be  fined  not  less  than  one  nor  more  than  five  dollars,  and,  in  default  of 
immediate  payment  of  such  fine,  shall  be  sentenced  to  work  in  the  city 
chaingang  not  less  than  two  nor  more  than  ten  days. 


walks,    etc. 
Mar.    10,   1 


CHAPTER  LI. 


WELLS  AND  CISTERNS. 


Section. 

1875.  Must  be  filled. 

1876.  Punishment. 


Section. 

1877.  Drawing  water  from 


Section  1875.     It  shall  be  the  duty  of  all  persons  owning  or  occu- 

Must  be  filled,  pying  lots  in  the  City  of  Atlanta,  or  their  agents  or  representatives^ 

to  keep  all  wells,  cisterns,  and  other  pits  and  holes  in  the  earth,  therein 

or  on  the  same,  securely  covered  or  enclosed,  so  as  to  prevent  injury 

resulting  therefrom  to  the  person  or  property  of  others. 

Sec.  1876.  Any  such  person  who  shall  suffer  or  allow  any  well, 
cistern,  or  other  pit  or  hole  in  the  ground,  to  be  or  remain  open,  unen- 
unis  men  .  ^loscd,  or  otherwise  so  exposed  as  to  be  dangerous  to  the  person  or 
property  of  others,  after  being  notified  by  an  officer  of  the  city,  shall, 
on  conviction,  be  fined  in  a  sum  not  exceeding  one  hundred  dollars 
and  costs ;  or  not  exceeding  thirty  days  imprisonment  in  the  calaboose, 
or  both,  in  the  discretion  of  the  Recorder's  Court;  and  every  twenty- 
four  hours  that  the  same  stands  open  and  unoncloscd,  after  conviction, 
shall  constitute  a  separate  offense. 


Part  III. — Ordinances. 


427 


Sec.  1877.     Any  person  drawing  water  from  the  public  cistern?  cisterns 
of  the  city,  except  for  the  purpose  of  extinguishing  fire,  shall,  upon 
conviction,  be  subject  to  a  fine  of  not  exceeding  one  hundred  dollars 
and  cost,  or  imprisonment  not  exceeding  thirty  days,  or  both,  in  the 
discretion  of  the  Recorder's  Court. 


CHAPTER   LII. 


BILL  BOARDS. 


Section. 

1878.  Bill   posters  must   obtain   license. 

1879.  Shall  not  post  on  lamp-posts  or  fences, 
etc. 

1880.  Obscene  pictures,  not  post. 

1881.  Punishment  for  violation. 


Section. 

1882.  Permits  to  post. 

1883.  Penalty. 

1884.  Building  Inspector  to   issue  permit. 

1885.  May  revoke  permit. 

1886.  Penalty. 


Section  1878.     All  persons  engaged  in  the  business  of  bill  posting. 


Must  get  li 


card  tacking,  or  the  distribution  of  bills,  cards,  circulars,  etc.,  in  the  cense. 
City  of  Atlanta,  and  all  persons  who  may  come  into  the  city  for  that  ^'ov.  19,  isss. 
purpose  and  engage  therein,  shall  be  required  to  pay  such  registration 
tax  as  the  Maj^or  and  General  Council  shall  from  5'ear  to  year  deter- 
mine, and  persons  who  engage  in  such  business  without  registering 
their  business  and  paying  such  tax  shall  be  fined  in  a  sum  not  exceeding 
one  hundred  dollars,  or  be  imprisoned  not  to  exceed  thirty  days,  in  the 
discretion  of  the  Recorder's  Court. 

Sec.  1879.     Any  bill  poster  or  other  person  or  persons  who  shall  ^j^^j,,  ^^^ 
paste,  paint  or  place  upon  Broad  street  bridge  or  any  other  bridge,  or  f^'^  ^^"^  °" 
any  lamp  post  or  corner  post,  or  telegraph  or  telephone  post  in  said  ^''"<^^^- 
city,  or  on  any  building  or  fence  or  upon  any  other  public  or  private  ^^^^  ^'  ^^^o. 
property  in  said  city,  without  the  consent  of  the  owner  thereof,  any 
handbills,  pictures  or  advertisements,  shall,  on  conviction,  pay  a  fine 
of  not  more  than  one  hundred  dollars,  or  be  imprisoned  not  more  than 
thirty  days,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1880.     Xo  person  shall  exhibit,  expose  or  paste  upon  any  fence,  p,^^^^^„  „y,. 
building,  wall,  post,  bill-board  or  other  place  in  the  City  of  Atlanta,  ^'-'"''^  Vctures. 
and  exposed  to  public  view,  any  representation,  picture,  design  or  ad-  ^''p*-  ^^'  ^^^■*- 
vertisement  of  any  description  of  an  indecent,  immoral  or  immodest 
character,  calculated  to  debauch  the  public  or  shock  the  sense  of  decen- 
cy or  propriety. 

Sec.  1881.     Any  person  violating  the  provisions  of  this  ordinance,  penalty. 
on  conviction  thereof  in  the  Recorder  s  Court,  shall  pay  a  fine  of  not  yo,,_  5^  iss3. 
exceeding  one  hundred  dollars,  or  by  confinement  in  the  city  chain- 
gang  not  exceeding  thirty  days. 

Sec.  1882.     Xo  fence  or  other  structure  for  the  purpose  of  posting  Erection  of 
bills  or  circulars  shall  be  erected  within  the  city  without  first  obtaining  ^"i^°"d«- 
a  permit  from  the  Mayor  and  General  Council. 


428 


Part  III. — Ordinances. 


Sec.  1883.     An}-  person  violating  tlie  provisions  of  this  ordinance, 

Penalty.  qq  conviction  thereof  before  the  Kecorder's  Court,  shall  be  fined  in 

a  sum  not  exceeding  one  hundred  dollars,  or  by  imprisonment  not 

exceeding  thirty  days,  either  or  both,  at  the  discretion  of  the  court 

trA-i?ig  the  case. 

Sec.  1884'.  Hereafter  no  bill-board  shall  be  erected  within  the  cor- 
erection  "of  bin  poratc  limits  of  the  City  of  Atlanta,  unless  the  owner  or  builder  thereof 
iiTst  have  per- ^^^^  obtaius  a  permit  from  the  Building  Inspector,  which  permit 
Buiidin'"  In-  ^hall  be  valid,  unless  afterwards  revoked  as  provided  for  in  the  next 
spector.  section  of  this  ordinance. 

Sec.  1885.  The  Building  Inspector  shall  have  power  to  hear  and 
decide  upon  any  and  all  objections  which  may  be  made  to  the  erection 
of  such  bill-board,  and  may  revoke  any  permit  given  by  him,  if,  in  his 
judgment,  the  said  objections  are  valid  and  should  be  sustained,  sub- 
ject to  the  revision  and  final  action  of  the  Mayor  and  General  Council. 
Sec.  1886.  Any  person  violating  this  ordinance,  on  conviction 
thereof  before  the  Recorder's  Court,  shall  be  fined  not  exceeding  fifty 
dollars,  or  imprisoned  not  exceeding  thirty  days,  either  or  both,  in 
the  discretion  of  the  court. 


Revocation. 

Revision    by 

Council. 

Oct.    20,    1896. 


CHAPTER   LIII. 


bucket  shops,  turf  exchanges,  etc. 


Prohibited,    and   penalty. 

1889.  Racing  pools  prohibited. 

1891.  Use  of  wheels  and     gamblin'^       de- 
vices to  influence  trade  prohibited. 


Section. 

1892.  Turf  exchanges  prohibited. 


Bucket  shops 
prohibited. 


Penalty. 


Section  1887.  Xo  license  shall  be  issued  to  any  person,  firm  or 
corporation,  to  carry  on  in  said  city  what  is  popularly  known  as  a 
"bucket  shop,"  "exchange,"  or  other  place  where  persons  can  buy 
goods  nominally  for  future  delivery,  but  where  the  real  purpose  is 
to  allow  the  buyer  an  opportunity  to  speculate  in  the  chance  of  a  rise 
or  decline  in  the  goods  or  articles  sold,  or  to  carry  on  a  business  where 
persons  can  deal  in  "futures"  or  margins.  Any  person  who  shall  in 
said  city,  directly  or  indirectly,  whether  as  proprietor,  agent,  clerk 
or  otherwise,  carry  on  or  be  interested  in  carrying  on  the  business  of 
a  bucket  shop,  exchange,  or  other  place  where  persons  can  buy  goods 
nominally  for  future  delivery,  but  where  the  real  purpose  is  to  allow 
the  buyer  an  opportunity  to  speculate  in  the  chance  of  a  rise  or  decline 
in  the  goods  or  articles  sold,  or  to  carry  on  a  business  where  persons 
can  deal  in  "futures''  or  margins,  shall,  for  each  day  such  business 
is  carried  on,  and  for  each  sale  or  transaction  of  the  character  above 
described,  be  subject,  on  conviction  thereof,  to  a  fine  of  not  exceeding 


Part  III. — Ordinances.  429 


$500.00  and  costs,  or  imprisonment  not  exceeding  thirty  days,  either  or 
both,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1888.     It  shall  be  unlawful   for  any  person   or   corporation 
to  maintain  or  carry  on  any  office,  or  place  of  business  of  any  charac-  be'tung'^on''^ 
ter  or  description  whatever,  in  the  City  of  Atlanta,  in  which  any  person  ^^j^'^^^l^'^j^^l^^j^. 
or  persons  is  or  are  allowed  to  bet  on  horse  races,  boat  races,  bicycli'"""^^'^'^- 
races,  or  any  other  kind  or  description  of  race,  whether  such  race  is 
to  be  run  in  the  City  of  Atlanta  or  any  place  outside  of  said  city. 

Sec.  1889.     Any  person,  firm  or  corporation  convicted  of  a  viola-  Pe„aity. 
tion  of  Section  1888  in  the  Recorder's  Court  of  said  city  shall  be  sub- oct.  24,  1895. 
ject  to  punishment  by  fine  not  to  exceed  five  hundred  dollars,  or  im- 
prisonment not  exceeding  thirty  days,  either  or  both,  at  the  discretion 
of  the  Recorder's  Court. 

Sec.  1890.     It  shall  be  unlawful  for  any  person,  firm  or  corporation  use  of  wheels, 
to  conduct  or  carry  on  any  business  in  the  City  of  Atlanta  by  means  element  of 
of  anv  wheel,  or  similar  device,  in  which  the  elements  of  chance  arc  fatt  trade 

p  .  prohibited. 

used  for  the  purpose  of  attracting  trade.  May  5,  is96. 

Sec.  1891.     Any  person,  firm  or  corporation  convicted  in  the    Re- 
corder's Court  of  the  City  of  Atlanta,  of  a  violation  of  Section  1890,  Penalty, 
shall  be  punished  by  a  fine  not  to  exceed  one  hundred  dollars,  or  by 
imprisonment  not  to  exceed  thirty  days,  either  or  both  of  these  pun- 
ishments, in  the  discretion  of  the  Recorder's  Court. 

Sec.  1892.     No  Turf  Exchange  license  shall  be  hereafter  issued,  and 
no  permit  granted  for  the  sale  of  pools  of  any  kind.     Any  person  run-  be°  issued!^  ^^ 
ning  a  turf  exchange  or  selling  pools  of  any  kind  in  the  city  after  expi- 
ration of  all  licenses  heretofore  granted,  shall  be  guilty  of  a  misde-  poof  ^selling. 
meanor,  and,  on  conviction  before  the  Recorder's  Court,  shall  be  sulv 


ject  to  a  fine  not  exceeding  five  hundred  dollars,  or  sentence  to  the  ^^^^' 
city  chaingang  for  a  period  not  exceeding  thirty  days,  one  or  both, 
in  the  discretion  of  the  court. 


CHAPTER  LIV. 


StIOOTIXG  GALLERIES. 


Section.  |    Section. 


1893.  Licensei  1895.  Minors   and   drunken    persons. 

1894.  Restrictions.  |    I89rx  May  practice  when. 

Sectiox  1893.     Any  and  all  persons  desiring  to  open  a  pistol  or 
shooting  gallery  in  the  City  of  Atlanta,  shall  first  deposit  with  the' 
Clerk  of  Council  one  hundred  dollars  license  tax,  and  then  make  a 
Avritten  application  at  a  regular  meeting  of  the  Mayor  and  General 
Council,  who  shall  grant  a  permission,  if  they  see  proper.' 

Sec.  1894.     Any  and  all  persons  having  obtained  a  license,  shall  be 

•1   See  annual  tax  ordinance. 


430 


Part  III. — Ordinances. 


subject  to  the  same  restrictions  and  liabilities,  both  as  to  orderly 
houses,  days  and  nights,  that  retailers  of  spirituous  liquors  are ;  and 
for  any  violation  shall  be  tried  and  punished  the  same  way. 

Sec.  1895.  It  shall  not  be  lawful  for  persons  conducting  any 
shooting  gallery  to  allow  minors,  except  as  hereinafter  provided,  or 
drunken  persons  to  practice  shooting,  under  a  penalty  of  a  fine  of  one 
hundred  dollars  and  cost  of  trial,  or  be  imprisoned  not  exceeding 
thirty  days,  in  the  discretion  of  the  Eecorder's  Court. 

Sec.  1896.  It  shall  be  lawful  to  allow  minors  with  the  written 
consent  of  their  parents  or  guardians  to  practice  shooting  at  any  of 
the  reofularlv  licensed  shootina:  galleries  of  this  citv. 


Minors  and 
drunken    per- 
sons. 


Minors   may 

practice, 

when. 


CHAPTER  LY 


WAGON 

YARDS. 

Section. 

Section. 

1897.  License. 

1900.  Drunkenness,    etc.,    in   the 

yard 

1898.  Violation  of 

irdinance. 

1901.  Supervision   of  police. 

1899.  Regulations. 

Violation    of 
ordinance. 


Regulation. 


Drunkenness, 
etc.,   in  yard. 


Supervision 
police. 


Section  1897.  Wagon  yards  may  be  licensed  by  the  Mayor  and 
General  Council  upon  petition,  for  which  the  applicant  shall  pay  the 
aRivumt  provided  in  the  tax  ordinance  annually. 

Sec.  1898.  Any  person  who  shall  permit  any  one  to  encamp  with 
a  wagon,  or  other  vehicle  and  team,  on  his  or  her  lot,  it  not  being  a 
regular  wagon  yard,  shall,  on  conviction,  pay  a-  fine  of  not  exceeding 
one  hundred  dollars  and  costs,  or  be  imprisoned  not  exceeding  thirty 
days,  or  both,  in  the  discretion  of  the  Recorder's  Court;  and  the  per- 
son or  person?  so  encamping  shall  be  liable  to  the  same  penalty. 

Sec.  1899.  It  shall  be  the  duty  of  all  owners  or  keepers  of  wagon 
yards  in  the  City  of  Atlanta  to  give  public  notice,  by  painted  signs 
on  the  gate  of  said  wagon  yard,  to  the  following  purport:  "Drunk- 
enneiss,  violence  and  indecent  or  obscene  language  forbidden,  under 
the  penalty  of  not  exceeding  one  hundred  dollars  fine,  or  not  exceed- 
ing thirty  days'  imprisonment,  or  both." 

Sec.  1900.  Any  person  guilty  of  drunkenness,  or  of  violence,  or 
of  the  use  of  indecent  or  obscene  language,  in  or  near  any  wagon  yard, 
shall  be  fined  not  exceeding  one  hundred  dollars,  or  be  imprisoned  not 
exceeding  thirty  days,  or  both,  in  the  discretion  of  the  Recorder's 
Court. 

Sec.  1901.  It  shall  be  the  duty  of  the  police  force  to  have  all 
wagon  yards  under  their  special  supervision,  until  the  hour  of  ten 
o'clock  p.  m.,  and  to  arrest  all  and  every  person  or  persons  guilty  of  a 
violation  of  this  ordinance,  and  bring  him  or  them  before  the  Record- 
er's Court. 


Part  III. — Ordixaxces.  431 


CHAPTER    LVI. 

VEN'DUE  MASTERS. 


Section. 

1902.  Ucense. 

1903.  Oath. 


Section. 

1904.  Returns. 

1905.  Acting  without  license. 


Sectiox  1902.  Any  person  or  persons  desiring  a  license  as  Ven- 
due Masters  in  the  City  of  Atlanta,  shall  make  written  application  to^"^^"^^- 
the  ^Mayor  and  General  Council  for  such  license;  and  if  such  license 
is  granted,  such  person  shall  give  bond  and  security  to  the  ]\Iayor  and 
General  Council  of  the  City  of  x4tlanta,  and  their  successors  in  office, 
in  the  just  and  full  sum  of  four  thousand  dollars,  conditioned  for  the 
punctual  payment  of  all  taxes,  and  the  faithful  discharge  of  all  the 
duties  required  of  them  by  this  State,  and  the  ordinances  of  the  City  of 
Atlanta,  which  license  shall  be  of  force  one  year  from  the  date  thereof, 
and  no  longer. 

Sec.  1903.     Each  A'endue   blaster  shall,  before  receiving  license, 
take  and  subscribe  an  oath,  before  the  Clerk,  faithfully  to  perform  all  oath. 
the  duties  of  a  Vendue  Master  for  said  city  according  to  the  laws  of 
ihis  State,  and  the  ordinances  of  this  city,  which  affidavit  shall  be 
deposited  with  the  Clerk  of  Council. 

Sec.  1904.  Such  Vendue  Master  shall,  quarterly,  on  the  first 
Saturday  in  the  months  of  April,  July,  October  and  January,  in  each  Returns. 
and  every  year,  make  returns  on  oath  of  the  amount  of  his  sales  during 
the  term  of  the  three  months  next  preceding  the  time  of  said  return; 
and  shall  also  pay  through  the  Clerk  of  Council  to  the  City  Tax 
Collector,  at  or  before  the  meeting  of  Council  to  which  said  return  is 
made,  all  money  accruing  to  the  city  from  duties  or  taxes  upon  such 
sales. 

Sec.  190.J.  Any  person  acting  as  Vendue  Master  in  the  City  of 
Atlanta  without  a  license  from  the  authorities  of  said  city,  and  any 
Vendue  Master  failing  to  make  returns,  or  in  anj^se  violating  this  out  license, 
ordinance,  may  be  fined  in  any  sum  not  exceeding  one  hundred  dollars, 
or  be  imprisoned  in  the  stationhouse  not  more  than  thirty  days  for  each 
offense,  or  both,  in  the  discretion  of  the  Recorder's  Court. 


432 


Part  III. — Ordinances. 


CHAPTER   LYII. 


DRAYS  AND  HACKS. 


Section. 

1906.  Licenses. 

1907.  Not  dray  without  license. 

1908.  Refusal   to  haul. 

1909.  Unlicensed   drays   not   to   be   employed. 

1910.  Rates   of  charges. 

1911.  Transferring  baggage. 

1912.  Boisterous  driving. 

1913.  Standing  in  streets. 

1914.  Numbers. 

1915.  Hack   hire  fixed. 

1916.  Penalty  for  overcharging. 

1917.  Refusal  to  pay  hack  fare. 

1918.  Number  lamps  lighted — tags. 

1919.  Drivers   over   18   years   old. 

1920.  Post  schedule  of  rates. 

1921.  Rendezvous  for  hacks. 

1922.  No  other  place  occupied. 

1923.  Drivers  not  leave  vehicles — penalty. 

1924.  Must  not  use  gongs. 

192.5.  License  tags,   on  drays,   etc. 
1926-1927-1928.  Hacks— how  placed  near  Union 
Depot. 


Section. 

1929.  Hotel    porters — how    placed    near    depot. 

19.30.  Penalty. 

1931.  Wagons   not   to    congregate     on      Broad 
street,   near  bridge. 

1932.  Hackmen    must    not    solicit    under     car- 
shed. 

1933.  No  sale   of   hack     tickets,     etc  ,     under 
carshed. 

1934.  Hack  agents  not  board  trains  under  de- 
pot to  sell  tickets,  etc. 

1935.  Penalty. 

1936.  Rendezvous    for  furniture  wagons. 

1937.  Penalty. 

l'J38.  Furniture  wasroners  stay  on  wagons. 

1939.  Turf,    etc.,    not    removed    without    own- 
er's  permission. 

1940.  Fire  in  any  wagon  forbidden. 
1941-1946.  Chief  of  Police  to  issue  permits  to 

hackmen — regulation    in    regard    to    per- 
mits. 


Section  1906.  Any  person  having  or  nsing  a  dray,  wagon,  or  other 
vehicle  in  the  City  of  Atlanta,  drawn  by  a  horse  or  horses,  or  other 
animal  or  animals,  for  transporting  persons,  goods,  wares  or  merchan- 
dise, or  any  other  thing  or  things,  to  or  from  the  depots,  or  other  place 
or  places' in  said  city,  for  hire,  shall  first  apply  to  the  Clerk  of  Coimcil 
and  obtain  a  license.  And  for  any  vehicle  drawn  by  one  horse  or  other 
animal,  or  by  two  horses  or  other  animals,  shall  pay  the  price  of  license 
fixed  by  the  annual  tax  ordinance. 

Sec.  lOOT.     Any  person  who  shall  carry  persons,  or  haul,  or  dray 

for  hire,  without  having  first  obtained  a  license,  as  stated  in  the  pre- 

Licensed  dray-  ceding  sectioii,  shall,  upon  conviction  under  this  ordinance,  pay  a  fine 

men   only   are  o  ^  ^      r  7    r    J 

authorized  to  of  not  exceeding  one  hundred  dollars  and  cost,  or  be  imprisoned  in 
the  stationhouse  not  over  thirty  days,  or  both,  in  the  discretion  of  the 
Eecorder's  Court. 

Sec.  IDOS.  Any  person  having  and  using  a  licensed  dray,  or  other 
vehicle,  who  shall,  through  ill-will  or  obstinacy,  or  without  sufficient 
cause,  refuse  to  dray,  haul  or  carry,  when  money  is  tendered,  when 
requested  by  any  person,  shall,  on  conviction,  be  subject  to  a  fine  of 
not  exceeding  one  hundred  dollars  and  costs,  or  imprisoned  as  in  last 
section,  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  ]i)(i!l.  Any  merchant,  or  other  person,  who  shall  knowingly 
employ  any  drayman,  with  any  team  of  horses,  or  other  animals,  or 
horse,  .or  other  animal,  and  vehicle  or  carriage,  to  haul  or  convey  any 
goods,  wares  or  merehaiulise,  or  othei-  thing  oi-  things,  to  or  from  any 
place  in  the  City  of  Atlanta,  for  which  there  is  no  license,  shall,  upon 


Penalty   for 
refusal"  to  haul 


Penalty   for 
employing 
licensed    dr 
men. 


Part  III. — Ordinances.  433 


conviction  before  the  Keeorder's  Court  of  so  doing,  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars  and  costs. 

Sec.  1910.  Xo  person  having  or  using  a  licensed  dray  shall  charge  j^^^^^  ^j 
or  collect  more  than  the  following  rates,  to-wit :  For  each  hogshead  charges. 
of  molasses,  $1.00;  for  each  hogshead  of  sugar,  75  cents.  Flour,  meal 
bacon,  and  all  kinds  of  grain,  fresh  meats  of  all  kinds,  salted  or  other- 
wise, lard,  and  all  other  articles  of  merchandise  and  provisions,  or 
other  articles,  per  load  of  eighteen  hundred  pounds,  and  bulk  freight 
that  can  be  safely  transported,  25  cents.  For  a  one-horse  dray  or 
other  animal  dray  load  of  nine  hundred  pounds,  or  bulk  freight  that 
can  be  conveniently  carried,  15  cents.  For  all  parts  of  loads  and  small 
articles  charges  may  be  made  in  proportion — no  charge,  however, 
required  to  be  less  than  twenty-five  cents,  unless  otherwise  agreed  on — 
a  copy  of  which  rates  shall  be  put  on  each  license  when  issued  by  the 
Clerk,  and  which  rates  may  be  changed  at  any  time  by  a  resolution 
to  that  effect. 

•    Sec.  1911.     All  persons  in  the  business  of  transferring  baggage — 
hacks,  drays  and  all  other  vehicles — shall  be  restricted  in  their  charges  hIg^age"o^and 
to  the  sum  of  not  over  twenty-five  cents  for  each  trunk,  valise,  or  other  ^^'^t  p^^^"^^'' 
article  of  baggage  carried  to  or  from  the  passenger  depot  to  any  point  Aug.  20,  1897. 
within  the  limits  of  the  City  of  Atlanta.     Any  person  convicted  in 
the  Eecorder's  Court  of  violating  this  ordinance  shall  be  fined  not 
exceeding  one  hundred  dollars,  or  imprisoned  not  more  than  thirty 
days. 

Sec.  1912.  If  any  driver  of  such  vehicle,  or  any  drayman,  shall 
drive  in  a  rude,  boisterous,  disorderly,  dangerous  or  hurtful  manner,  boisterous"  ^ 
or  in  such  a  manner  as  to  put  any  person  in  fear  of  bodily  hurt,  or  ™^""^''- 
shall  cause  bodily  hurt  or  damage  to  the  property  of  any  person,  he 
shall,  on  conviction,  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars  and  costs,  or  be  imprisoned  in  the  stationhouse  or  jail  not  over 
thirty  days,  or  both,  at  the  discretion  of  the  Recorder's  Court. 

Sec.  1913.  No  drayman  or  driver  of  any  vehicle  shall  allow  his 
dray,  vehicle  or  team  to  stand  in  a  public  street,  and  if  through  his  str^e°ts°^  ^° 
carelessness  or  neglect  his  team  runs  away,  he  may,  on  conviction 
thereof,  be  made  to  pay  a  fine  of  not  exceeding  one  hundred  dollars 
and  costs,  or  be  imprisoned  not  over  thirty  days,  in  the  discretion 
of  the  Recorder's  Court. 

Sec.  1914.     Each  hack  and  dray  license  shall  have  a  number  there- 
on, and  the  drayman  or  owner  shall  keep  that  number  on  his  hack, 
or  dray,  and  for  failure  so  to  do,  may  be  fined  five  hundred  dollars  and  ^  ^"     ' 
costs,  or  be  imprisoned  not  exceeding  thirty  days,  or  both,  in  the  dis- 
cretion of  the  court. 

Sec.  1915.     It  shall  not  be  lawful  for  any  person  or  persons  en- 
gaged in  driving  a  hack  within  the  limits  of  this  city  to  charge  for  one  driven  may 
trip  more  than  the  following  prices,  to-wit:     For  one-horse  vehicle. 

i.28) 


434  Part  III. — Ordinances. 


Lwenty-five  cents,  each  person;  for  two-horse  vehicle,  fifty  cents  each 
person;  provided,  that  douhle  the  price  herein  named  may  be  charged 
Ijetween  ten  o'clock  p.  m.  and  five  o'clock  a.  m. 

Sec.  1916.     Any  person  or  persons  violating  the  provisions  of  the 

overchLie!       abovB  Ordinance,  shall,  on  conviction  before  the  Eecorder's  Court,  be 

fined  not  more  than  twenty-five  dollars  and  costs,  or  imprisonment  not 

exceeding  thirty  days,  or  both,  at  the  discretion  of  the  court,  for  each 

and  every  offense  or  violation. 

Sec.  1917.  Any  person  or  persons  engaging  or  using  a  hack  in 
?ay"hafk*°i.e.  *^""^  ^^'^^J'  ^0*^  intending  to  pay  for  the  same  at  the  time  such  hack  is 
engaged,  but  with  intent  to  defraud  the  owner  or  driver  of  such  hack 
out  of  the  value  of  the  use  thereof  (and  every  employment  of  such 
hack  shall  be  held  to  be  for  cash  unless  time  is  contracted  for  when 
tlie  engagement  is  made)  and  shall  fail  or  refuse  to  pay  such  driver 
his  lawful  hire  at  the  end  of  the  trip  or  time  for  which  such  employ- 
ment was  made,  shall  be  arrested  or  summoned  by  any  police  officer 
or  policeman  to  appear  before  the  Eecorder's  Court  to  answer  a  charge 
Penalty.  ^f  violating  this  section  of  the  City  Code,  and  on  conviction  before 

Oct.  15,  1877.  j-,|g  Honor  the  Eecorder,  Mayor,  or  Mayor  pro  tern.,  shall  be  fined  not 
exceeding  twenty-five  dollars,  ($35.00),  or  imprisoned  not  exceeding 
thirty  days,  or  both,  in  the  discretion  of  the  court.' 

Sec.  1918.     All  persons  owning  or  controlling  hacks  in  the  city 
Hacks  to  have  ^^^l^  k^cp  upou  said  hacks  suitable  lamps,  with  the  number  of  said 
tags^^  ''"'^        hack  painted  thereon,  and  shall  keep  said  lamps  lighted  at  night,  and 
July  22,  1898.   ^hall  also  have  tag  furnished  by  the  Clerk  of  Council  carrying  a  num- 
ber corresponding  with  the  number  of  said  hack  fastened  to  said  hack 
in  such  position  as  to  be  easily  seen.     Any  person  violating  this  ordi- 
nance, shall,  on  conviction,  be  fined  not  exceeding  one  hundred  dollars, 
or  imprisoned  not  longer  than  thirty  days. 

Sec.  1919.  Hereafter  no  license  shall  be  granted  to  run  a  hack 
License  grant-  npon  the  strcets  of  the  city  to  any  person  under  eighteen  years  of  age, 
over°iryeri^s  i"ior  shall  any  hack  be  left,  by  any  person  owning  or  controlling  the 
"'•^^  same,  for  any  period  of  time  in  control  of  a  person  under  said  age; 

nor  shall  any  such  person  refuse  to  haul  a  passenger  when  not  other- 
wise engaged  under  the  penalty  provided  in  Section  1920  of  this  Code. 
Sec.  1920.     All  persons  owning  and  controlling  hacks  shall  post 
Post  schedule    in  a  conspicuous  place  in  said  hack  a  printed  schedule  of  prices,  to 
of  charges.       ^^^  furnished  by  Clerk  of  Council  upon  the  issuance  of  license,  and 
Sept.  20,  1890.   ^^^^^  ^j^^  ^SiVciQ  SO  postcd  during  the  continuance  of  said  license.     Any 
person  controlling  any  hack  who  shall  violate  tins  or  the  preceding 
Penalty.  eectiou  shall,  upon  conviction  in  the  Eecorder's  Court,  be  ])unished 

l)v  a  fine  not  exceeding  one  hundred  dollars,  or  im])risoiu'd  not  longer 
than  thirty  days. 

Sec.  1921.     From  and  after  the  passage  of  tliis  ordinance  it  shall 
be  the  duty  of  the  Chief  of  Police  to  designate  some  coiilral  and  con- 


Part  III. — Ordinances.  435 


venient  place  in  the  City  of  Atlanta  as  a  general  rendezvous  for  all  j^p^^pj^^^^g 
hacks  kept  and  run  for  hire,  and  that  said  officer  may,  from  time  to*°'"  ^^''''^• 
time  in  his  discretion,  change  said  rendezvous.  "^""'^  '^'  ^^"'^• 

Sec.  1923.     After  the  passage  of  this  ordinance  it  shall  be  unlawful 
for  any  hackman  to  occupy  any  other  place  than  the  one  designated  ^^pupy"""*' 
as  a  place  of  rendezvous,  and  upon  the  violation  of  the  provisions  of 
this  ordinance,  the  offender  shall  be  fined  in  a  sum  not  exceeding  one  P«'"=i'ty. 
hundred  dollars,  or  imprisoned  at  labor  not  exceeding  thirty  days, 
upon  conviction  in  the  Recorder's  Court. 

Sec.  1923.  It  shall  be  unlawful  for  any  hackman  or  driver  of  Hackman. 
any  public  vehicle  to  leave  said  vehicle  except  to  assist  passengers  to"^"^"'  ^^^' 
and  from  his  vehicle;  provided,  however,  said  driver  can  leave  the 
vehicle  if  he  continues  to  hold  the  reins  in  his  hands.  Upon  convic- 
tion of  violation  of  this  ordinance  the  party  so  offending  shall  be  fined 
not  less  than  one  nor  more  than  ten  dollars,  in  the  discretion  of  the 
Recorder's  Court. 

Sec.  1924.     All  wagons  and  other  vehicles  using  the  streets-  of  the  Gongs  on 
City  of  Atlanta  are  hereby  prohibited  from  using  gongs  to  signal  their  ^*^°'^" 
approach,  except  the  machines  of  the  Fire  Department,  the  Police 
patrol  wagon,  the  hospital  ambulance  and  the  cars  of  the  various 
street  railroad  companies. 

Sec.  1925.  All  persons  or  firms  engaged  in  hauling  "free  store 
delivery"  or  competitive  freight  from  railroad  depots  to  the  doors  of  etc.?  ^  toys, 
merchants  and  others  in  the  City  of  Atlanta,  and  in  transferring 
articles  of  freight  or  other  things  between  railroad  depots,  under  a 
contract  or  contracts  and  under  bond  with  a  railroad  company  or  com- 
panies, and  who  receive  no  compensation  therefor,  from  any  person 
whatever,  except  from  a  railroad  company  or  companies,  shall  be  al- 
lowed to  operate  all  such  drays  or  vehicles  as  shall  be  used  exclusively 
in  said  business,  and  in  no  other  business,  under  a  license  now  pro- 
vided by  the  city's  ordinances,  to  be  issued  by  the  city  to  contractors  at 
large,  and  clerk's  fee  of  fifty  cents;  provided,  that  for  each  dray  or 
other  vehicle  used  in  any  but  the  above  mentioned,  or  some  other 
business  that  under  the  city's  laws  and  customs  falls  within  the  busi- 
ness of  contractors  at  large,  all  such  persons  shall  pay  such  a  license 
as  is  or  may  be  required  of  other  draymen,  and  shall  be  required  to 
use  tags  on  drays  or  other  vehicles  used  in  business  other  than  that 
of  contractors  at  large  as  other  draj'men.^ 

Sec.  1926.     Public  or  licensed  hacks  in  use  about  the  Union  Pass-      ,     , 

Hacks — how 

enger  Depot  shall  hereafter  be  placed  by  the  drivers,  or  persons  in  pieced  near 
charge  thereof,  in  such  positions  that  the  back  end  of  each  hack  shall  p^"- 
be  next  the  sidewalk,  between  the  main  entrance  to  said  Union  Pass-  Oct.  29,  iS95. 
enger  Depot  and  Pryor  street,  leaving  the  space  between  the  main 
entrance  and  Loyd  street  open  for  the  use  of  omnibuses  and  other 


See   annual   tax    ordinance. 


436  Part  III. — Ordinances. 


similar  vehicles,  which  shall  be  arranged  on  that  portion  of  the  street 
ip  the  same  manner  as  is  provided  for  hacks  in  this  ordinance,  with 
space  enough  left  between  the  hacks  for  passengers  to  conveniently 
get  in  and  out  of  any  one  of  the  hacks,  and  that  the  driver  of  each 
hack,  when  not  on  his  hack,  shall  stand  on  the  sidewalk  immediately  in 
the  rear  of  the  hack,  so  as  not  to  obstruct  other  persons  desiring  to  use 
the  sidewalk. 

Sec.  1927.     In  forming  the  line  of  hacks  in  front  of  the  Union 
Open  space       Passcngcr  Depot,  a  space  ten  feet  wide  shall  be  left  open  and  unob- 
in" front ^oToe-  structed  by  any  part  of  said  line  of  hacks  in  front  of  each  of  the  offices 
ban  Holis^''""  or  entrances  to  said  Union  Passenger  Depot,  except  the  main  entrance, 
where  a  space  twenty  feet  wide  shall  be  left  open  and  unobstructed 
by  any  part  of  said  line   of   hacks.     In   forming   the   line   of  hacks 
along  Wall  street  on  the  front  of  the  Kimball  House,  openings  at 
least  ten  feet  wide  shall  be  left  in  front  of  the  entrances  to  that  build- 
ing, so  as  to  be  unobstructed  by  any  part  of  said  line  of  hacks. 

Sec.  1928.     It  shall  be  the  duty  of  hackmen,  or  other  parties  in 
Hackmen  et.  ai.  charge  of  hacks,  to  remain  on  or  at  their  said  hacks,  and  in  no  event 
it"on  sldewriks!  shall  they  be  allowed  to  congregate  on  the  sidewalk  in  front  of  said 
April  15,  1895.  Unioii  Passcugcr  Depot,  or  of  the  Kimball  House,  or  to  go  upon  said 
sidewalks  for  the  purpose  of  soliciting  patronage,  nor  shall  hotel  por- 
ters, ticket  scalpers,  or  men  or  boys  engaged  in  transferring  baggage, 
by  hand  or  otherwise,  congregate  or  go  upon  such  sidewalks  for  the 
purpose  of  soliciting  patronage. 

Sec.  1929.  Porters  for  hotels  shall  stand  in  line  by  or  under  au- 
thority of  the  Chief  of  Police  to  receive  baggage  tendered  them,  but  it 
shall  be  unlawful  for  them  to  yell  at  passengers,  or  loudly  call  out  the 
names  of  the  hotels  they  are  acting  for. 

Sec.  1930.  Any  person  for  a  violation  of  the  foregoing  ordinance, 
shall,  upon  conviction,  be  subject  to  a  fine  of  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  in  the  discre- 
tion of  the  Recorder's  Court. 

Sec.  1931.     It  shall  be  unlawful,  after  the  passage  of  this  ordi- 


for"drays"and    naucc,  for  wagons  to  congregate  on  Broad  street  between  the  bridge  and 

Alabama  street,  and  any  person  or  persons  who  shall  fail  or  refuse  to 

street'"near°*    iTiove  their  wagou  Or  wagons  after  having  been  notified  to  do  so  by  any 

"  ^'''  member  of  the  police  force,  or  the  Chief  of  the  Fire  Department,  shall, 

*^  ■    '       ■     upon  conviction  before  the  Recorder's  Court,  pay  a  fine  of  not  more 

than  twenty-five  dollars,  or  be  imprisoned  not  longer  than  thirty  days, 

either  or  both,  in  the  discretion  of  the  court. 

Sec.  1932.  There  shall  be  no  drumming  for  passengers  by  hack- 
men,  or  other  persons,  under  the  car-shed  in  this  city,  to  ride  in  cabs, 
hacks,  gurneys,  hansoms,  or  other  public  vehicles. 

Sec.  1933.  It  shall  be  unlawful  for  any  person  to  sell  tickets  to 
passengers  under   the   car-shed    in    tliis   city,   to  ride    in  hacks,  ea])s, 


Part  III. — Ordinances.  437 


o^urnevs,  hansoms,  or  other  i)uhlic  vehicles,  or  to  make  a  contract  with,^°,  drummmg 

o  .     '  '  I  '  under   car  shed 

the  passengers  under  the  car-shed  for  transportation  therein,  and  then^^f  ,,^^!^^"^"^ 
show  passengers  to  vehicle  outside  the  depot.  ^"'^  "^^'''^■ 

Sec.   1934.     It  shall  be  unlawful  for  any  person  or  persons,  his  orQ^^.^^j.^  ^^ 

•ks,    etc. 

ill  not  b 

'  trains  to  solicit 

under  the  car-shed  for  the  purpose  of  drumming  with  passengers  tOg^^  ,-  ^gg- 
engage  or  hire  certain  hacks,  cabs,  hansoms,  gurneys,  or  other  public 
vehicles,  or  while  on  the  trains  under  the  car-shed  to  do  so. 

Sec.  1935.     Any  person  or  persons,  his  or  their  agents  or  employes,  penalty. 
violating  any  of  the  foregoing  provisions,  on  conviction   thereof  in 
the  Recorder  s  Court,  shall  pay  a  fine  not  to  exceed  one  hundred  dol- 
lars, or  be  imprisoned  not  to  exceed  thirty  days,  either  or  both,  in  the 
discretion  of  the  court. 

Sec.  1936.     It  shall  be  the  dutv  of  the  Chief  of  Police  to  designate 
central  and  convenient  places  in  the  City  of  Atlanta,  as  rendezvous  for hivnUme^l-Js-^ 
all  furniture  wagons  and  all  drays  kept  and  run  for  hire,  and  said""*^  ^"     ^^'^' 
officer  may  from  time  to  time,  in  his  discretion,  change  said  places   ^ ''  ^^'  ^^^■'' 
of  rendezvous,  and  shall  designate  such  place  with  a  view  to  the  least 
interference  with  business  of  such  wagon  and   drays,  and  business 
interest  of  merchants  and  others.     In  designating  such  places  of  ren- 
dezvous, said  officer  shall  not  allow  more  than  four  of  any  such  vehicles 
to  occupy  as  rendezvous  one  block  of  the  same  street,  and  these  shall 
be  far  enough  apart  to  admit  of  passage  of  vehicles  and  pedestrians 
between  each  such  dray  or  wagon  on  each  side  thereof. 

Sec.  1937.  After  the  passage  of  this  ordinance  it  shall  be  unlaw- 
ful for  any  drayman  or  wagoner,  as  aforesaid,  to  occupy  as  a  rendez- 
vous any  other  place  than  the  one  designated  for  him  as  aforesaid, 
and  any  person  violating  any  of  the  provisions  of  the  foregoing  ordi- 
nance, shall,  on  conviction  thereof  in  the  Recorder's  Court,  be  fined 
in  a  sum  not  exceeding  one  hundred  dollars,  or  imprisoned  at  labor 
not  exceeding  thirty  days. 

Sec.  1938.  That  while  the  furniture  wagons  are  at  said  rendez- 
vous, the  drivers  and  helpers  shall  stay  on  their  wagons. 

Sec.  1939.  Hereafter  any  person  hauling  or  removing  anv  grass 
turf  or  sand  in  the  citv  without  having  a  written  permit  from  the  removed   with- 

*  "  -^  ^  out   written 

owner  of  the  land  (or  his  agent),  from  which  said  grass  turt  or  sand  consent  of  land 

^  ^  •'  '  '^  owner. 

was  taken,  shall,  on  conviction  thereof,  be  fined  not  more  than  one,,     , 

'  '  March  6,   1890. 

hundred   dollars,   or   imprisonment  in   the   chaingang   for   not   more 
than  thirty  days,  or  both,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1940.     No  person  shall  make  or  light  any  fire  in  any  wagon  ^..^.^  .^  ^^^ 
or  vehicle  in  said  city  in  any  pan  or  open  vessel  of  any  sort,     -"^ny^^^o^  ^°^- 
person  violating  this  ordinance  shall  be  subject,  upon  conviction  inp^^^j^jj^, 
the  Recorder's  Court,  to  a  fine  of  not  more  than  one  hundred  dollars,  p^^  .^s,  1899. 
nor  less  than  one  dollar. 


438 


Part  III. — Ordinances. 


Sec.  1941.  No  person  shall  be  allowed  to  drive  a  hack  unless 
having  been  given  a  permit  by  the  Chief  of  Police,  and  said  Chief  shall 
issue  permits  only  to  such  persons  as  can  show  a  good  character,  and 
said  Chief  shall  have  authority  at  any  time  to  cancel  said  permits,  if 
the  person  holding  same  has  been  guilty  of  such  misconduct  as  unfits 
him  for  that  kind  of  work. 

Sec.  1942.  Every  person  owning  a  hack  shall  have  large  figures 
conspicuously  placed  on  the  glass  surrounding  his  lamp. 

Sec.  1943.  Each  hackman  shall  wear  a  badge  in  a  conspicuous 
place,  having  upon  it  the  number  of  the  cab  of  which  he  is  in  charge. 

Sec.  1944.  Drivers  of  hacks,  meaning  by  this  hackmen,  shall  not 
permit  any  person  to  take  charge  of  their  hack  unless  such  person  has 
a  permit  to  run  a  hack  from  the  Chief  of  Police,  or  unless  permission 
to  place  a  substitute  has  been  granted  him  by  the  police  officer  on  duty 
at  the  depot. 

Sec.  1945.  The  Chief  of  Police  shall  keep  a  record  at  the  police 
headquarters  of  all  permits  granted  under  this  ordinance,  and  of  any 
cancellations  thereof. 

Sec.  1946.  Any  person  violating  any  of  the  provisions  of  Sections 
1941,  1942,  1943,  1944  or  1945  shall  be  fined  not  less  than  one 
dollar  nor  more  than  one  hundred  dollars,  or  imprisoned  for  a  term 
not  exceeding  twenty  days,  in  the  discretion  of  the  Eecorder's  Court. 


Chief  of  Police 
to  issue  per- 
mits to  hack 
drivers. 


Numbers 
lamps. 


Hackmen   to 
wear  badges. 


Substitutes  not 
allowed  with- 
out permits. 


Chief  to  keep 
record  of  per- 
mits. 


Penalty. 

Nov.    26,    1S98. 


CHAPTEE  LVIII. 

horses  and  mules — CATTLE^  DOGS,  ETC. — CRUELTY  TO  ANIMALS. 


Section. 

1947.  Straying   in   streets. 

1948.  Letting    down    enclosures. 
1949-1950-1951.  Driving   unhaltered    norses      or 

mules. 

1952.  Cattle  running  at  large. 

1953.  Advertised  and   sold. 

1954.  Owner  to  have  net  proceeds. 

1955.  Cows  to  be  milked. 

1956.  Penalty    for  allowing   cattle   to    run     at 
large. 


Section. 

1957.  Impounding. 

1958.  Not  graze  on  vacant  lots. 

1959.  Penalty. 

1960.  Cruelty    to    animals. 

1961.  Muzzling    calves. 

1962.  Tight  reining  horses  not  allowed. 

1963.  Penalty. 


Straying  on 
streets. 


See  Sec.  1957. 


Section  1947.  Whenever  the  police  force  shall  find  any  hog  or 
hogs,  goat  or  goats,  horse  or  horses,  mule  or  mules,  and  any  other  live 
stock  (not  including  milch  cows),  running  at  large  in  the  corporate 
limits  of  the  City  of  Atlanta,  it  shall  be  their  duty  to  take  up  and  put 
said  hog  or  hogs,  goat  or  goats,  horse  or  horses,  mule  or  mules,  or  any 
other  live  stock,  in  pens  or  lots,  and,  after  ten  days  notice  in  four  of 
the  most  public  places  of  the  city,  to  sell  the  same  at  the  place  in  whieli 
they  are  confined,  at  public  outcry,  to  the  highest  bidder;  provided, 
that  the  owner  of  said  hog  or  hogs,  goat  or  goats,  horse  or  horses,  mule 


Part  III. — Ordinances.  439 


or  mules,  or  other  live  .stock,  shall  he  entitled  to  the  same  by  proving 
property  and  paying  the  sum  of  one  dollar  per  head,  and  all  expenses 
before  sale;  provided,  further,  that  it  shall  not  change  or  modify  the 
ordinance  in  reference  to  the  hours  in  which  horses  and  mules  may 
be  driven  through  the  streets. 

Sec.  1948.  Any  person  who  shall  hereafter  suffer  his  or  her  hog 
or  hogs,  goat  or  goats,  horses  or  mules,  or  any  other  live  stock,  to  run  enciisfres^*^"™ 
at  large,  in  any  street  or  public  place  in  the  City  of  Atlanta,  or  who 
shall  let  down  the  fence,  or  any  bars,  or  open  any  gate  of  any  enclos- 
ures, where  any  hog  or  hogs,  goat  or  goats,  horses  or  mules,  or  any 
other  live  stock  may  be  confined  by  virtue  of  an  ordinance  of  the  City 
of  Atlanta,  for  the  purpose  of  permitting  or  allowing  said  hog  or  hogs, 
goat  or  goats,  or  other  live  stock,  to  escape  therefrom,  shall,  upon  con- 
viction before  the  Recorder's  Court,  pay  a  fine  of  not  exceeding  one 
hundred  dollars,  and  cost  of  trial,  or  be  imprisoned  in  the  station- 
house  or  common  jail  of  the  county  not  exceeding  thirty  days,  in  the 
discretion  of  the  court. 

Sec.  1949.  It  shall  be  unlawful  to  drive  unhaltered  mules  in  Driving  mules. 
droves  of  more  than  five  through  the  streets  of  the  City  of  Atlanta,  March  5,  i887. 
between  eight  and  nine  a.  m.,  and  betw^een  two  and  three  o'clock  p.  m.  Feb.  8,  isvs. 

Sec.  1950.     It  shall  be  unlawful  for  any  person  or  persons  to  drive 
unhaltered  horses  or  mules  through  the  resident  portions  of  streets  tered^  not  to  be 
or  park  places  where  the  citizens  have  no  fences  or  enclosures  for  their  streets.  ^  ™"^ 
yards  or  lawns  at  any  time;  provided,  this  ordinance  shall  not  be  so  Feb.  i9,  i896. 
construed  as  to  prevent  the  driving  of  unhaltered  horses  or  mules 
through  any  portion  of  such  business  streets  as  Marietta  and  Decatur 
streets. 

Sec.  1951.     Any  person  violating  this  ordinance  shall  be  fined  not  Penalty. 
exceeding  one  hundred  dollars,  or  be  imprisoned  not  exceeding  thirty 
daj's,  in  the  discretion  of  the  Recorder's  Court. 

Sec.  1952.  Xo  cattle  of  any  kind  shall  be  permitted  to  run  cattie  running 
at  large  either  dav  or  nisrht.  upon  any  street  of  the  citv  or  elsewhere  ^    ^^^^' 

.       ,1  .,      ,.      .^      •  ^1  .  ^  Uavch  23,  1882. 

m  the  city  limits. 

Sec.  1953.     When  any  cattle  shall  have  been  taken  up  twenty-four 
hours  and  uncalled  for,  the  Chief  of  Police  shall,  after  advertising  tised  and  sold, 
the  same  for  three  times  in  the  daily  city  papers,  sell  the  same  to  the 
highest  bidder  at  public  outcry.     That  it  shall  be  the  duty  of  the  Chief  \e''^tl. 
of  Police  to  pay  to  the  City  Tax  Collector,  daily,  all  moneys  collected 
under  this  ordinance. 

Sec.  1954.     Any  person  whose  cattle  mav  have  been  sold,  under  ^ 

•'     ^  -'  '  0«Tier  repaid 

the  provisions  of  this  ordinance,  shall,  by  making  proper  proof  of  proceeds  of 
ownership,  be  repaid  the  proceeds  arising  from  the  sale  of  such  cattle, 
after  deducting  expenses  of  advertising,  feeding  and  selling,  by  peti- 
tion to  Mayor  and  General  Council. 

Sec.  1955.     It  shall  be  the  duty  of  the  officers  in  charge  of  the 


440 


Pakt  III. — Ordinances. 


Cattle  prohib- 
ited from  run- 
ning at  large. 

Penalty. 


Impounded. 
See  Sec.  1947. 


Advertised   and 
sold. 


Disposition    of 
proceeds  of 
sale. 


Cows  to  be       pouud  in  which  cows  are  confined,  under  the  foregoing  sections,  to 
milked,  etc.      j^ave  such  COWS  regularly  milked  and  cared  for,  so  as  not  to  be  injured 
in  their  milk-giving  qualities. 

Sec.  1956.  Any  person  owning  or  controlling  any  cattle  that  shall 
be  allowed  to  run  at  large  in  said  city,  in  violation  of  Section  1953, 
shall,  on  conviction,  be  fined  in  a  sum  of  not  more  than  one  hundred 
dollars,  or  imprisoned  not  longer  than  thirty  days,  either  or  both,  in  the 
discretion  of  the  Eecorder's  Court. 

Sec.  1957.  The  cattle  so  found  running  at  large  shall  be  taken 
up  by  any  member  of  the  police  force,  and  confined  in  a  place  to  be 
provided  for  that  purpose,  and  if  unclaimed  within  twenty-four  hours, 
the  Chief  of  Police  shall,  after  advertising  the  same  for  three  days  in 
one  of  the  city  daily  papers,  proceed  to  sell  the  same  to  the  highest 
bidder,  and  the  sum  realized  from  the  sale  thereof  shall  be  held  subject 
to  the  claims  of  such  owner  for  six  months,  during  which  time  the 
owner  may,  upon  proper  proof  of  ownership,  and  the  payment  of  cost  of 
advertisement  and  sale,  and  fifty  cents  per  day  for  each  head  of  cattle 
kept  by  the  city  for  such  length  of  time,  as  they  were  kept  before  sale, 
for  expenses  of  keeping  the  same,  receive  the  same,  and  upon  his  failure 
to  make  such  proofs  within  six  months  from  the  date  of  sale,  the  pro- 
ceeds as  aforesaid  shall  be  added  to  the  receipts  of  the  Kecorder's 
Court,  and  as  such  go  into  the  City  Treasury. 

Sec.  3958.  No  person  shall  be  permitted  to  herd  or  graze  cattle 
or  other  stock  on  any  lot  within  the  corporate  limits  of  said  city  with- 
out first  securing  permission  in  writing  from  the  owner,  or  agent  of 
the  owner,  of  such  lot.  And  any  person  so  offending  shall,  on  convic- 
tion before  the  Eecorder's  Court  of  said  city,  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  not  longer  than 
thirty  days,  either  or  both,  in  the  discretion  of  the  court. 

Sec.  1959.  Any  cattle  or  other  stock  found  upon  any  lot,  contrary 
to  the  provisions  of  this  ordinance,  shall  be  considered  as  running  at 
large,  and  shall  be  taken  up,  advertised  and  sold,  in  accordance  with 
the  provisions  of  Section  1957. 

Sec.  1960.  Any  person  or  persons  in  this  city  who  shall  overload, 
or  cruelly  treat,  maim,  bruise,  deprive  of  necessary  sustenance,  ill  use, 
or  in  any  manner  whatsoever  torture,  or  abuse,  any  animal  or  animals, 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  not  exceeding 
fifty  dollars  and  costs,  for  each  and  every  offense  against  this  section, 
or  imprisonment  not  exceeding  thirty  days,  in  the  discretion  of  the 
Recorder's  Court. 

Sec.  1961.  Any  person  having  within  the  corporate  limits  cowd 
and  calves  for  sale,  who  shall  keep  the  calves  muzzled,  or  shall  other- 
wise prevent  them  from  sucking,  shall  bo  arrested  by  the  police  force, 
and  taken  before  the  Eecorder's  Court  and  fined  for  the  same  in  a  sum 
not  exceeding  ten  dollars,  or  be  imprisoned  not  exceeding  five  days. 


Not  graze  on 
lots   without 
written  per- 
mission of  lot 
owner. 


Penalty. 

May  23,  1890. 


Cruelty    to 
animals. 


June  18,   1883. 
Penalty. 


Muzzling  calves 
March  5,   1877. 


Part  III. — Ordinances.  441 


Sec.   1963.     It  shall  be  the  duty  of  the  driver  or  other  persons  in  (^^.^^^^^.  ^^ 
charge  of  teams,  drawing  carriages,  buggies  or  other  vehicles  in  tho^"""*'*- 
City  of  Atlanta,  to  loosen  the  reins  so  as  to  allow  horses  or  other  ani-  JiluTetn-  ^^^ 
mals  drawing  said  carriages,  buggies  or  other  vehicles  to  be  comfort-  ^"fen^staJTdTnK 
able  in  all  cases  where  such  horses  or  other  animals  have  to  stand  near  ^/^^^^^  minuses' 
theatres,  churches,  or  other  public  places  in  the  City  of  Atlanta  for^''  "'°'"''- 
as  long  a  period  of  time  as  thirty  minutes.  ^"^-  ^^'  ^^''^ 

Sec.  1963.  Any  one  convicted  in  the  Eecorder's  Court  of  violating 
the  foregoing  section,  shall  be  fined  not  exceeding  one  hundred  dollars, 
or  imprisoned  not  exceeding  thirty  days. 

Sec.  1964.  No  dog  shall  be  permitted  to  run  at  large  in  the  CityDo^^  running 
of  x\tlanta,  unless  such  dog  shall  wear  a  tag  or  plate,  such  as  is  pre-^*  ''■"'^''• 
scribed  by  this  ordinance ;  and  any  dog  found  without  such  tag  shall 
be  caught  by  any  member  of  the  police  force,  or  any  other  person, 
and  imprisoned  in  a  pen,  to  be  kept  for  that  purpose;  and  the  City 
Clerk  of  Atlanta  shall  employ  one  or  more  persons,  at  a  stipulated 
price  not  to  exceed  three  dollars  per  day  in  the  aggregate,  for  the  cap- 
ture of  such  dogs,  and  the  disposition  thereof ;  such  persons  to  furnish 
their  own  appliances  and  help. 

Sec.  1965.  Each  year  the  Chairman  of  the  Tax  Committee  may 
have  dog  tags  prepared  and  have  a  list  made  of  same,  which  shall  be^^^' 
turned  over  to  the  Comptroller,  who  shall  copy  the  same  in  a  book  with  ^"'  ' 
eonsecutiye  numbers  of  the  tags,  which  shall  be  charged  up  to  the  City 
Clerk  and  sold  by  him  at  one  dollar  and  twenty-five  cents  for  each 
tag.  The  Clerk  shall  return  daily  to  the  Tax  Collector  the  money 
received  from  sale  of  tags,  reporting  to  the  Comptroller  the  amounts 
so  received,  name  of  purchasers  and  number  of  tags,  and  upon  exhibi- 
tion of  the  receipt  of  the  Tax  Collector  shall  receive  credit  and  the 
Treasurer  be  debited  with  the  amount.  Said  tag  shall  only  be  good 
for  the  year  in  which  it  is  sold. 

Sec.  1966.  The  owner  of  any  dog  caught  and  imprisoned  as 
aforesaid,  shall  be  entitled  to  the  possession  of  said  animal  upon  the 
proof  of  ownership,  and  the  payment  of  one  dollar  into  the  City  Treas- 
ury, and  the  purchase  of  a  tag  at  the  price  aforesaid. 

Sec.  1867.     The  Clerk  shall  keep  a  record  of  all  persons  who  pro- 
cure such  tags,  and  if  any  person  shall  counterfeit  or  use  any  tag  not  chasers  of 
purchased  as  aforesaid,  he  or  she  shall,  on  conviction,  be  fined  not 
exceeding  forty  dollars  and  costs,  in  the  discretion  of  the  Eecorder's 
Court. 

Sec.  1968.     All  dogs  not  claimed  within  twentv-four  hours  after 

'='  •  Unclaimed 

being  caught  and  imprisoned  as  aforesaid,  shall  be  conveyed  bv  the  dogrs  killed, 
person  authorized,  outside  the  city  limits  and  killed. 

Sec.  1969.     From  and  after  the  passage  of  this  ordinance,  it  shall  pogs°?t  ai- 

^  ^  '  lowed  in  L.   P. 

not  be  lawful  for  any  person  to  permit  his  or  her  dog  or  dogs  within  Grant  Park, 
the  limits  of  the  L.  P.  Grant  Park.  Feb.  t,  issv. 


442 


Part  III. — Ordinances. 


Sec.  1970.  Any  person  violating  this  ordinance  shall,  upon  con- 
Penaity  viction  thereof  before  the  Eecorder's  Court,  pay  a  fine  not  exceeding 

ten  dollars  and  costs  of  trial,  or  be  imprisoned  not  exceeding  thirty 

days,  in  the  discretion  of  the  court. 

Sec.  1971.  It  shall  be  unlawful  for  the  owner  of  any  female  dog 
Female  dogs  in  ^o  allow  such  dog  to  ruu  at  large,  while  in  heat ;  and  for  every  such 
run*at°iarg°e.  offcnsc  the  owucr  of  sucli  dog  sliall,  upon  conviction,  be  fined  in  a  sum 
Owner  fined  ^ot  exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding 
and  dog  killed,  ^j^-^.^^  ^^^^^  ^-^j^^^  ^^  ^^^^^  ^^  ^^^  discretion  of  the  Eecorder's  Court. 
July  9,  1S90.      j^^^  -^  gi^^ll  l^g  ^l^g  ^^^y  ^£  ^^^  policeman  to  kill  said  dog,  when  caught 

outside  of  her  owner's  enclosed  premises,  when  in  heat. 


CHAPTER    LIX. 

LIVERY  AND   PRIVATE   STABLES. 


Section. 

1972.  Livery  stables  to  have  permits. 

1973.  Nuisance  and  danger  features  to  be  con- 
sidered. 


Section. 

1974.  Petition  for  stable  must  show  what. 

1975.  Penalty. 

1976.  Private    stable    to    be    not    nea-er    than 
thirty  feet  to  any  residence — penalty. 


It  shall  be  unlawful  for  any  person,  firm  or  corpo- 
carry   on   a   livery   stable,   feed    and   sale   stable. 


_, ,    on   a 

Livery    stables  ^  /-<  r>     »    i 

to  have  permits  or  other  similar  institution  in  the  Citv  of  Atlanta 


Section  1972. 
ration  to  open  and 

at   any   place  not 

April  15,  1895.  occupicd  for  such  purposcs  at  the  date  of  the  passage  of  this  ordinance, 
without  first  applying  to  the  Mayor  and  General  Council,  and  obtain- 
ing special  permission  to  open  and  conduct  said  business  at  the  place 
to  be  so  occupied. 

Sec.  1973.     In  considering  and  passing  upon  the  question  of  grant- 
.  ing  permission  to  open  or  operate  such  livery,  feed  or  sale  stable,  stock 

yard  or  other  similar  institution,  regard  shall  be  had  by  the  Mayor 
and  General  Council  to  the  proximity  of  the  proposed  stable  or  yard 
to  shipping  facilities,  to  the  avoiding  or  prevention  of  danger  to  pedes- 
trians in  consequence  of  the  use  of  the  streets  by  large  numbers  of 
animals,  to  the  absence  or  presence  of  densely  populated  residence 
neighborhoods,  and  to  the  question  whether  the  proposed  establish- 
ments are  so  near  to  churches,  schools,  or  other  similar  institutions 
as  to  prove  injurious  to  them,  as  well  as  to  the  question  of  proper 
protection  against  fire  losses. 

Sec.  1974.  Every  such  permission  granted  or  passed  upon  by  the 
Mayor  and  General  Council,  shall  be  based  on  petition,  showing  par- 
ticularly the  location  intended  to  be  used,  and  the  character  of  the 
buildings  which  it  is  proposed  to  occupy,  whether  sucli  building  has 
already  been  erected  or  is  only  projected. 

Sec.  1975.  A  violation  of  the  foregoing  ordinance  shall  subject 
the  ofi'ender,  on  conviction  thereof  in  the  Recorder's  Court,  to  punish- 


considered  be- 
fore  permit 
granted. 


Not   kept  near 
churches  and 
schools. 


April  15,   18!) 


Penalty. 


Part  111. — Ordinances. 


443 


ment  by  fine  not  to  exceed  one  hundred  dollars,  or  imprisonment  not 
to  exceed  thirty  days  for  each  offense,  and  such  conviction  and  punish- 
ment shall  not  prevent  the  closing  of  any  such  stable,  stock  yard  or 
similar  place  by  the  Mayor  and  General  Council  in  their  discretion. 

Sec.   1976.     It  shall  be  unlawful  for  any  person,  firm,  or  corpo- p^j^.^^^  gj^^,^ 
ration  to  erect  or  use  a  private  stable  nearer  than  thirty  feet  to  anv  |,"  than°tinrty' 
residence  or  place  of  business  without  the  consent  of  the  owner  and  [^enJe  or"Va^ce 
occupant  of  such  adjacent  residence  or  place  of  business,  and  a  vio-"^  business. 
lation  of  this  section  shall  subject  the  offender,  upon  conviction  in  the  '^"^-  ^'  ^^"^■ 
Eecorder's  Court  of  the  City  of  r\tlanta,  to  punishment  by  fine  not 
exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding  thirty 
davs. 


CHAPTER   LX. 


THEATRES,  OPERA  HOUSES,  HOTELS,  ETC. 


Section. 

1978.  Construction   of   doors. 

1979.  Aisles  to  be    kept  clear. 

1980.  Ladies   required    to   remove 

1981.  Penalty. 


Section. 

1982.  Owners  of  theatres,   etc. 

1983.  Speculators  in  theatre  tickets. 

1984.  Gas   in   hotels  and  boarding  houses. 


Section  1978.     It  shall  not  be  lawful  for  the  proprietor,  or  owner 
of  any  theatre  or  opera  house,  to  lease,  rent  or  permit  to  be  used  in  construction 
anv  wav,  such  theatre  or  opera  house,  unless  all  the  doors  of  ingress 

",  "  ,  '  T     P  1      Sept.   20,    1875. 

and  egress  to  them  are  so  constructed  as  to  open  outward  from  the 
inside.     Any  person  or  persons  violating  the  provisions  of  this  ordi- 
nance, shall  be  fined  by  the  Recorder's  Court  not  exceeding  one  hun-  Penalty. 
dred  dollars  and  costs,  or  thirty  days  imprisonment  in  the  stationhouse. 
one  or  both. 

Sec.  1979.     It  shall  not  be  lawful  for  the  proprietor  or  owner  of 

,.  Aisles  to  be 

any  theatre,  opera  house,  or  other  house  used  for  public  amusement,  kept  clear, 
to  lease,  rent,  or  permit  to  be  used,  the  aisles  leading  to  and  from  the  Feb.  7.  issi. 
seats  and  doors  u.sed  as  entrances  and  exits,  or  about  or  in  the  door- 
ways, permanently  or  temporarily  at  any  time,  by  persons  standing 
therein  or  by  the  chairs,  stools  or  other  movable  seats  placed  therein ; 
and  all  doors  of  exit  or  entrance  shall  be  designated  by  large  letters  ^  . 

°  ..'  o  Exits  marked 

in  plain  view  of  the  audience.     Any  person  or  persons  violating  this 
section  shall  be  punished  by  fine  not  to  exceed  five  hundred  dollars,  p^^^^,^^, 
or  imprisonment  not  longer  than  thirty  days,  in  the  discretion  of  the 
Recorder's  Court. 

Sec.  1980.     It  sliall  be  the  duty  of  the  proprietor,  lessee,  or  other  p^q^j^jj^g  j^. 
person  in  charge  of  each  and  every  opera  house  or  theatre  in  the  City  their^hats^tpon 
of  Atlanta  to  require  ladies  who  attend  performances  in  such  theatre  house"m-  Xa^ 
or  opera  house  to  remove  their  hats  before  the  performance  begins.  *'"^- 
and  to  keep  them  oft'  during  the  performance.  -^"^-  ^^-  ^^^"- 


444  Part  III. — Ordinances. 


Sec.  1981.     Any  such  proprietor,  lessee  or  other  person  in  charge 

Penalty.  ^^'  '^^  opera  housc  or  theatre,  who  shall  violate  the  preceding  section  of 

this  ordinance,  upon  conviction  shall  be  fined  in  the  Eecorder's  Court 

not  exceeding  one  hundred  dollars  or  imprisoned  not  exceeding  thirty 

days. 

Sec.  1982.     The  owner  of  all  opera  houses,  theatres  and  public 

at^TsTetc!  *"""  places  of  amusements,  where  an  orchestra  is  used,  shall  have  a  railing 

Jan.  17,  1893.   placcd   arouud   said   orchestra,    and   a   passage-way   or   aisle   of   not 

]ess  than  two  feet  between  said  railing  and  all  seats  shall  be  kept  open, 

as  requiried  by  Section  1979  of  the  city  ordinance. 

Sec.  1983.     No  person  shall  be  permitted    to   speculate   in   tickets 
Speculators   in  ^or  theatrical  or  other  like  performances,  without  first  taking  out  a  li- 

theatre  tickets,  ^^^^^  ^^^^  ^^^   q-^^   q^^^^^  ^j^-^j^  j-^^^^gg   gj^^j^   ^^  ^^^  huudrcd   dollarS 

]3er  annum.  Any  person  violating  this  ordinance  shall  be  punished,  on 
conviction  before  the  Eecorder's  Court,  by  a  fine  of  not  less  than  one 
hundred  dollars  and  costs,  and  imprisoned  not  less  than  thirty  days 
for  each  offense ;  but  the  Mayor  shall  have  power,  in  his  discretion,  to 
remit  the  penalty  of  imprisonment. 

Sec.  1984.  It  shall  not  be  lawful  for  the  proprietor  or  proprietors 
Gas  in  hotels  (either  themselves  or  by  their  employes)  of  any  hotel  or  boarding 
houses°not'rat  housc  in  the  City  of  Atlanta,  where  any  kind  of  gas  is  used  in  bed- 
rooms for  lights,  to  cut  the  gas  off  at  any  time  during  the  night,  except 
in  cases  where  the  premises  may  be  on  fire.  Any  proprietor  or  pro- 
prietors of  any  hotel  or  boardinsr  house  violating  this  ordinance  shall, 
on  conviction  before  the  Recorder's  Court,  pay  a  fine  not  exceeding  one 
hundred  dollars  for  each  and  every  violation.  It  shall  be  the  duty  of 
the  Chief  of  Police  to  see  that  this  ordinance  in  enforced. 


ADOPTING   ORDINANCE. 

Sec.  1985.     Be   it   ordained   by   the  Mayor  and    General   Council 

of  the  City  of  Atlanta,  That  the  new  City  Code  compiled  by,  and  under 

ordiuance        the  direction  of,  the  City  Attorney,  J.  A.  Anderson,  and  now  ready 

Code  as  the       for  publication,  containing  the  city  charter,  certain  general  laws  of 

of  Atlanta.       the  State  affecting  municipalities,  the  city  ordinances,  the  rules  of 

Approved  Sep-  the  various  departments,  and  the  grants  of  street  railway,  telephone 

and  other  street  franchises,  be  and  the  same  is  hereby  adopted  as  the 

City  Code  of  Atlanta. 


APPENDIX. 


RULES 

For  the  Government  of  the  Mayor  and  General  Council  of 
the  City  of  Atlanta. 


meet- 
ings. 


KuLE  1 .     The  Mayor  and  General  Council  will  meet  at  the  Council 
Chamber  at  3  o'clock  p.  m.  on    the  first    and   third  Mondays  in  eachof^meetinKs. 
month,  and  continue  in  session  from  day  to  day,  in  their  discretion. 

EuLE  2.     Special  meetings  of  the  General  Council  may  be  called  sneciai 
by  the  Mayor  whenever,  in  his  discretion,  the  exigencies  of  the  case 
may  require  it. 

EuLE  3.     Eight  members  of  the  General  Council  shall  constitute 

Quorum. 

a  quorum  for  the  transaction  of  business,  and  in  all  cases  a  less  number 
may  adjourn  from  time  to  time,  and  compel  the  attendance  of  ab- 
sentees. 

EuLE  -i.     The  ]\Iayor  pro  tern.,  or,  in  his  absence,  any  member  of  prggijing 
the  General  Council,  who  may  be  designated,  (a  quorum  being  pres-°®c^''- 
ent),  shall  take  the  chair  at  the  hour  appointed  for  any  regular,  ad- 
journed or  special  meeting.     The  Mayor  shall  preside  during  the  elec- 
tion of  officers. 

EuLE  5.     The  presiding  officer,  whether  the  Mayor,  Mayor  pro  tern.,  order,  com- 
or  any  member  of  the  General  Council,  shall  enforce  the  rules  of  this  '"'"'^^®'  '^*''- 
body,  preserve  order  and  decorum,  and  appoint  all  committees,  unless 
the  General  Council  shall  otherwise  direct,  in  which  case  they  shall 
be  appointed  by  the  General  Council,  in  such  manner  as  may  be  de- 
termined upon. 

EuLE  6.     The  following  order  shall  be  observed  in  the  transaction 

PI.  .  Order  of   busi- 

of  business,  viz :  ness. 

1.  Eoll  Call. 

2.  Eeport  of  Committee  on  Minutes. 

3.  Eeconsiderations. 

4.  Communications. 

5.  Eeports  of  Officers. 
G.  Unfinished  Business. 

7.  Changes  made  by  Aldermanic  Board. 

8.  Petitions. 

9.  Eeport?  of  Standing  Committees. 

10.  Eeports  of  Special  Committees. 

11.  Eesolutions,  Orders  and  Ordinances. 

12.  Delaved  Petitions. 


448 


Rules  for  the  Government  of 


Report. 


Report  of 
officers. 


Rule  7.  Xo  account,  not  examined  and  certified  to  be  correct  by 
a  member  of  the  proper  committee,  or  by  the  Mayor,  will  be  passed. 

Rule  8.  Every  committee  shall  report  upon  the  subject-matter 
referred  at  the  succeeding  meeting,  or  shall  show  good  cause  why  such 
report  is  not  made. 

Rule  9.  Every  officer  whose  duty  it  is  made,  by  order  or  resolu- 
tion in  the  General  Council,  to  report  at  the  regular  meetings  of  this 
body,  shall  punctually  perform  his  duty,  or  be  fined,  in  the  discretion 
of  the  General  Council. 

Rule  10.  Every  ordinance  shall  be  read  twice  at  the  same  or  dif- 
ferent regular  or  special  meetings  of  the  General  Council  previous  to 
its  adoption. 

Rule  11.  All  motions  shall  be  reduced  to  writing  at  the  request 
of  the  Mayor  or  any  member  of  the  General  Council. 

Rule  12.  In  all  matters  pending  before  the  General  Council,  a 
majority  shall  govern.  In  all  cases  of  a  tie,  the  Mayor,  or  presiding 
officer,  shall  give  the  casting  vote,  but  at  no  other  times,  and  under  no 
other  circumstances,  shall  he  be  permitted  to  vote. 

Rule  13.  Each  member  of  the  General  Council,  while  speaking, 
shall  be  standing,  respectfully  address  the  chair,  confine  himself  to  the 
question  under  debate,  and  avoid  all  personal  or  indecorous  language. 
ISTo  member  shall  interrupt  another  while  speaking,  except  to  rise  to 
a  point  of  order,  the  point  to  be  briefly  stated  to  the  presiding  officer. 

Rule  14.  The  Mayor,  or  presiding  officer,  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  General  Council. 

Rule  15.  In  all  votes,  resolutions,  or  ordinances,  having  for  I  heir 
object  the  increase  of  the  indebtedness  of  the  city,  or  the  expenditure 
of  its  revenue,  except  the  payment  of  its  salaried  officers,  any  one  Al- 
derman, or  any  two  Councilmen,  may  give  notice  of  a  motion  to  recon- 
sider, which  notice,  in  either  case,  shall  delay  the  question  until  said 
reconsideration  can  be  acted  on  at  the  next  regular  meeting.  In  all 
other  cases,  a  motion  to  reconsider  any  of  the  proceedings  of  the  Gen- 
eral Council  will  not  be  entertained,  unless  made  by  a  member  who 
previously  voted  in  the  affirmative. 

Rule  16.  On  the  call  of  any  member  of  the  General  Council,  the 
vote  on  any  question  may  be  taken  by  yeas  and  nays  and  recorded. 

Rule  17.  In  the  order  of  business  established  by  rule  6  when  the 
head  of  "Reports  of  Committees"  is  reached,  the  reports  of  the  com- 
mittees will  be  called  for  in  the  following  order : 


Majority. 
Tie   vote. 


Rule   of  speak- 
ing. 


Questions    of 
order. 


Reconsidera- 
tion. 


Yeas  and  nays. 


Reports   of 
committees. 


1.  Committee  on  Bridges. 

2.  Committee  on  Cemetery. 

3.  Committee  on  Contested  Claims  and  Litigation. 

4.  Committee  on  Electric  and  Other  Railroads. 

5.  Committee  on  Electric  Light,  Telegraph  and  Telephones. 
(5.  Committee  on  Board  of  Electrical  Control. 


Mayor  and  General  Council.  449 

7.  Committee  on  Finance. 

8.  Committee  on  Fire  Department. 

9.  Committee  on  Board  of  Fire  Masters. 

10.  Committee  on  Public  Improvements. 

11.  Committee  on  Manufacturers,   Statistics,  Freight  Rates  and 

Transportation. 

12.  Committee  on  Ordinances  and  Legislation. 

13.  Committee  on  Parks, 
l-l.     Committee  on  Police. 

15.  Committee  on  Printing. 

16.  Committee  on  Prisons. 

17.  Committee  on  Public  Buildings  and  Grounds. 

18.  Committee  on  Hospital  and  Charities. 

19.  Committee  on  Salaries. 

20.  Committee  on  Sanitary  Affairs. 

31.  Committee  on  Schools. 

32.  Committee  on  Sewers  and  Drains. 
23.     Committee  on  Streets. 

34.     Committee  on  Tax. 

25.     Committee  on  Waterworks. 

Rule  18.     No  communication  to  the  General  Council  shall  be  en- 

(  onimiinica- 

tertained  unless  the  same  be  in  writing.  t'ons. 

Rule  19.     The  Clerk  shall  keep  a  separate  book,  in  which  shall  ^^^^^.^  ^^ 
be  entered  these  and  all  other  rules  and  by-laws  which  the  General  '"i^s. 
Council  may  pass,  and  also  a  book  in  which  shall  be  entered  the  sev- 
eral ordinances  adopted  by  the  General  Council. 

Rule  20.     ISTo  member  of  the  General  Council  shall  speak  more 
than  ten  minutes  on  any  question  under  debate,  nor  more  than  once  ^^^^*^- 
on  the  same  question  until  all  who  wish  to  speak  shall  have  opportu- 
nity to  do  so ;  neither  shall  any  member  speak  more  than  twice  on  the 
same  question  without  permission. 

Rule  21.     No  person,  not  a  member  of  the  General  Council,  shall 
speak  on  any  matter  pending  without  the  unanimous  consent  of  the  ti)"spe"k.""*^'^^ 
members  present. 

Rule  22.     The  unfinished  business  of  any  meeting  shall  be  laid 
over  to  be  acted  on  at  the  next  regular  meeting,  and  to  be  taken  up  '   '     ' 
after  reports  of  officers. 

Rule  23.     All  reports  of  committees  on  matters  referred  to  or  orig- 
inating with  them,  shall  be  written  in  ink,  and  shall,  in  all  cases,  be  committoes. 
so  framed  as  to  clearly  indicate  the  action  of  the  committee ;  and  if  the 
report  involves  the  expenditure  of  money,  it  shall,  in  all  eases,  show 
the  amount  to  be  expended,  or  an  approximation  th.ereto. 

Rule  24.     While  the  General  Council  is  in  session  its  members,  as  Members  and 
well  as  the  officers  of  the  city  in  attendance  thereon,  shall  occupy  the  seated'! 


450 


Mayor  and  General  Council. 


seats,  or  positions,  in  the  Council  Chamber  respectively  assigned  them, 
and  shall  not  leave  them,  except  by  permission  of  the  Mayor. 

EuLE  25.  All  petitions  presented  shall  be  referred  by  the  chair 
to  the  appropriate  committee  for  consideration;  such  reference,  how- 
ever, being  subject  to  the  control  of  the  General  Council. 

Rule  26.  The  Mayor,  or  presiding  officer,  when  the  General 
Council  is  in  session,  shall  enforce  parliamentary  rules  for  its  govern- 
ment, so  far  as  they  are  applicable  to  such  a  legislative  body,  and  do 
not  conflict  with  the  rules  adopted. 

Rule  27.  Cushing's  Manual  shall  be  the  recognized  exponent  of 
parliamentary  law. 

Rule  28.  Any  additional  rule  or  rules  may,  from  time  to  time, 
be  made  by  the  General  Council,  but  no  alteration  of  a  rule  shall  take 
place,  nor  the  suspension  of  any  rule,  without  the  consent  of  two-thirds 
of  the  members  present. 


Kefeience    of 
petitions. 


Parliamentary 
rules  govern. 


Cushing's 
Manual. 


Aldcrmanic  Board  Rules. 


Ordinances 
read  one  time. 


Regular 
meetings. 


1.  An  ordinance  that,  having  regularly  passed  the  Mayor  and 
Council,  requires  the  concurrence  of  the  Aldermanic  Board,  shall  be 
read  one  time  and  then  acted  upon. 

2.  The  regular  meetings  of  the  Aldermanic  Board  shall  be  held 
at  three  o'clock  p.  m.,  on  Thursdays  following  the  regular  meetings 
of  the  Mayor  and  General  Council. 


WATERWORKS, 


By-Laws  for  the  Government  of  the  Atlanta  Board  of 
Water  Commissioners. 


By  virtue  of  the  power  and  authority  vested  in  them  hy  the  Charter 
of  the  City  of  Atlanta,  as  set  forth  in  Sections  39  to  59  inclusive,  of 
the  City  Code  of  Atlanta  of  1891,  the  Board  of  Water  Commissioners 
have  adopted  the  following  revised  By-Laws,  Rules  and  Regulations, 
for  the  government  of  said  Board,  and  of  the  Waterworks  system  of 
rhe  City  of  Atlanta,  this  December  7th,  1898. 

Section-  1.  The  officers  of  the  Board  shall  consist  of  a  President, 
Vice-President,  Superintendent  and  Secretary,  all  of  whom  shall  be  ^^^^,^^^ 
elected  at  the  first  regular  meeting  in  February  of  each  year,  except 
the  President  and  Vice-President,  who  shall  be  elected  at  first  regular 
ineeting  in  January  of  each  year,  and  shall  hold  their  office  for  the 
term  of  one  year,  or  until  their  successors  have  been  elected  and  qual- 
ified. 

Sec.  2.  There  shall  be  a  regular  meeting  of  the  Board  on  the 
Wednesday  next  following  the  first  and  third  Monday  in  each  month,  ^i^etings. 
at  four  o'clock  p.  m.  from  April  1st  to  October  1st,  and  three  o'clock 
p.  m.  from  October  1st  to  April  1st.  Called  meetings  may  be  held  at 
.such  other  times  as  may,  in  the  judgment  of  the  President  or  any  three 
members  of  the  Board,  be  necessary  to  transact  the  business  of  said 
Board. 

Sec.  3.  It  shall  be  the  duty  of  the  President  to  preside  at  all 
meetings  of  the  Board ;  to  preserve  strict  order ;  to  procure  at  all  times 
the  correct  meaning  and  sense  of  the  Board;  to  conduct  the  business 
of  the  Board  under  the  general  parliamentary  rules  governing  delib- 
erative bodies;  to  call  the  Board  together  in  extra  session  whenever, 
in  his  judgment,  it  may  become  necessary,  or  whenever  requested  to 
do  so  by  any  three  members  of  the  Board.  It  shall  be  the  duty  of  the 
President  to  see  that  the  orders  and  policy  of  the  Board  and  the  laws 
of  the  city  are  duly  executed. 

Sec.  4.     It  shall  be  the  dutv  of  the  Vice-President  to  preside,  and  ,..    „    . 

J  '  \  ice-Presi- 

otherwise  perform  all  the  duties  of  the  President,  in  the  absence  of  '^*'°*- 
the  President. 


452  Waterworks  Departm.ext. 

Sec.  5.  It  shall  be  the  duty  of  the  Secretar}'  to  keep  a  correct 
Secretary.         record  of  the  official  acts  and  doings  of  the  Board,  in  a  hook  provided 

for  the  purpose. 
()uoruni  ^^^-  ^-     ^  majority  of  the  Board  shall  constitute  a  quorum  for 

the  transaction  of  business. 

Sec.  7.     No  real  estate  or  other  property  or  right-of-way,  for  or  on 
Purchase  of       account  of  the  Board  of  Water  Commissioners,  shall  be  purchased  or 
rieht-^of^-way°'^  obtained,  except  by  a  resolution  of  the  Board,  or  through  a  committee 
appointed  for  that  purpose. 

Sec.  8.  The  signature  of  the  President  and  Secretary  to  any  law- 
Authority  to  f^^l  paper,  when  signed  by  authority  of  the  Board,  shall  be  considered 
^'^"'  as  binding  upon  the  Board  as  if  each  member  had  signed  separately 

for  himself. 

Sec.  9.  All  papers,  such  as  deeds,  bonds,  contracts,  etc.,  necessary 
Disposition  of  to  be  recordcd,  shall  be  taken  by  the  Secretary  and  caused  to  be  placed 
papers.  ^^  rccord ;  after  which  they  shall  be  filed  in  the  archives  of  the  city; 

or  such  other  place  as  may  be  safe,  right  and  proper. 
Order  of  busi-       Sec.  10.     The  following  shall  be  the  Order  of  Business : 

1.  Calling  of  the  Eoll,  and  noting  absentees. 

2.  Report  of  Committee  on  Minutes. 

3.  Report  of  Finance  Committee. 

4.  Report  of  Pipe  Committee. 

5.  Report  of  Executive  Committee. 

6.  Report  of  Special  Committees. 

7.  Reports  of  Officers. 

8.  Petitions  and  Communications. 

9.  Unfinished  Business. 

10.  '  Xew  Business. 

11.  Adjournment. 


Board  of  Com 
missi  oners  to 
control. 


Rules  and  Regulations  Governing  the  Atlanta  Waterworks. 

Sectiox  1.  The  Waterworks  shall  be  managed  by  the  Board  of 
Water  Commissioners,  who  are  authorized  to- make  such  By-Laws  and 
regulations,  elect  such  officers,  and  fix  such  salaries  as  they  may  deem 
necessary  for  the  safe,  economical  and  efficient  management  of  tlio 
works.  The  Board  reserves  the  right  to  increase  or  decrease  the  num- 
ber of  employes  of  the  Waterworks  at  their  discretion;  and  each  and 
every  employe  of  the  Waterworks  shall  hold  his  position  at  the  pleas- 
ure of  the  Board. 

Sec.  2.  The  Superintendent  shall  be  the  general  executive  officer 
ent's' bond^'and  "^  ^^^^  Watcrworks,  and  give  bond,  with  satisfactory  security,  in  tlio 
duties.  cum  of  five  thousand  dollars,  for  tlie  faithful  di.?chargc  of  his  dmie^. 


\Vatki{vvoi!KS  Depahtment.  453 

The  Superintendent  shall  see  that  the  rules  and  regulations  of  the 
Board  are  enforced;  that  all  contracts  and  specifications  are  fulfilled, 
and  that  the  assessment  of  the  water  rates  are  correctly  made  and  at- 
tachments are  platted ;  that  all  money  due  the  Waterworks  is  collected, 
and  that  all  accounts  and  claims  are  audited  for  payment  after  their  in- 
spection and  endorsement  by  the  Secretary.  The  Superintendent  shall 
have  general  supervision  over  all  the  operations  of  the  Waterworks,  and  fnfshaii^exer- 
shall  report  to  the  Board  as  to  its  working  condition  at  each  regular  supervl^on.^ 
meeting  of  the  Board,  and  make  such  suggestions  and  plans  for  its  im- 
provement and  extension  as  may  be  advantageous  to  the  system.  He 
shall  also  see  that  the  Secretary,  engineers,  subordinates  and  all  em- 
ployes perform  their  duties  according  to  the  regulations  of  the  Board 
of  Water  Commissioners.  He  shall  make  monthly  statements  of  the 
quantity  and  cost  of  pipe  extensions  and  stop-valves  and  fire  hydrants 
set,  together  with  the  estimates  of  all  work  performed  during  the 
month. 

Sec.  3.  In  January,  annually,  the  Superintendent  shall  submit 
a  report  to  the  Board,  showing  in  detail  a  general  and  complete  record  '^"""'^'  ''^p°''^- 
of  the  operations  and  expenses  of  the  works  for  the  year  preceding, 
with  an  estimate  for  the  expenditures  for  the  ensuing  year.  He  shall 
also  supervise  the  pipe  laying,  keep  the  books,  if  required,  and  attend 
to  such  other  duties  as  the  Board  may  require. 

Sec.  4.  The  Superintendent  shall  also  submit  a  monthly  report 
from  the  engineers,  showing  the  amount  of  water  pumped,  the  number  port, 
and  the  date  of  the  fire  alarms,  the  quantity  and  cost  of  fuel  and  sup- 
plies used,  and  repairs  and  extensions  made  in  the  pumping  depart- 
ment. He  shall  also  make  out  and  certify  to  pay-rolls,  monthly  bills, 
and  expenses  of  every  description,  and  keep  a  complete  record  thereof 
for  reference;  he  shall  record  all  specifications,  contracts,  and  make 
plats  of  service  pipe  attachments  and  pipe  extensions,  with  the  dimen- 
sions and  cost  thereof,  for  the  inspection  and  approval  of  the  Board. 

Sec.  5.  The  Superintendent  shall  have  avithority  to  appoint  and 
discharge  all  regular  salaried  employes  of  the  Waterworks  system  sub-  ^/'employes* 
jeet  to  the  approval  of  the  Board,  except  such  as  are  recommended  to 
the  Board  by  the  engineers  in  their  departments  and  except  two 
clerks  and  the  bookkeeper  in  the  office,  who  shall  be  appointed  by  the 
Secretary,  subject  to  the  approval  of  the  Superintendent,  who  shall 
report  such  appointments  to  the  Board  for  their  ratification.  He  shall 
have  authority  to  employ  all  necessary  help  in  the  various  departments 
of  the  Waterworks  system,  such  as  tapping,  meter  and  pipe  laying,  etc., 
iind  shall  submit  pay-roll  of  the  same  to  the  Board  for  their  approval. 

Sec.  6.     The  Superintendent  shall  have  full  and  entire  charge  of 
the  pumping  works,  and  machinery  at  both  stations,  and  of  the  res-  pum^ng" 
ervoir;  he  shall  have  kept  a  careful  account  of  all  fuel,  supplies  used, "°'  ^' 
and  repairs  made  and  cost  thereof,  and  report  to  the  Board  the  con- 


454 


Waterworks  Departmext. 


Authority   over 
engineers,  etc., 
at  pumping 
station. 


Care  of  prop- 
erty at  pump- 
ing station. 


dition  of  tlie  machinery  whenever  required,  and  make  monthly  state- 
ment of  the  revolutions  and  strokes  of  the  engines,  the  quantity  of 
water  pumped,  date  and  duration  of  fire  service  and  condition  of 
machinery;  have  made  out  and  certified  to  by  the  First  Engineer  of 
each  pumping  station  the  pay-rolls  for  their  respective  stations;  test 
and  report  quantity,  quality  and  cost  of  fuel  and  supplies  at  both 
stations  for  the  inspection  and  approval  of  the  Board. 

Sec.  7.  The  Superintendent  shall  have  full  power  and  authority 
over  the  engineers,  firemen  and  all  other  employes  at  the  pumping 
stations.  He  shall  recommend  to  the  Board  for  appointment  all  the 
regular  salaried  employes  in  their  departments  and  all  other  employes 
shall  be  appointed  and  discharged  b}^  him,  subject  to  the  approval  of 
the  Board. 

Sec.  8.  The  First  Engineer  at  each  pumping  station  shall  have 
the  direct  care  and  responsibility  of  all  the  property  on  the  grounds 
of  the  city,  at  their  respective  pumping  stations,  and  as  often  as  op- 
portunity will  permit,  shall  in  person,  look  into  the  sanitary  condition 
of  the  houses  occupied  by  the  employes,  and  also,  at  the  general  sur- 
roundings, with  a  view  to  their  presenting  at  all  times,  a  neat  and 
healthful  condition. 

Sec.  9.  No  visitors  must  be  permitted  about  the  engines  without 
being  closely  accompanied  by  the  engineer  on  duty,  and  under  no  cir- 
cumstances should  any  one  be  allowed  to  handle  any  valve  or  lever, 
or  in  any  way  meddle  with  any  appliance  connected  with  or  belonging 
to  any  of  the  machinery. 

Sec.  10.  It  shall  be  the  duty  of  the  Superintendent  to  take  orders 
and  give  directions  from  time  to  time  as  may  be  expedient  and  neces- 
sary, to  so  regulate  the  pumpage  from  the  river,  taking  suitable  advan- 
tage of  the  capacity  of  the  reservoir,  so  as  to  avoid  as  much  as  possil)le 
consistent  with  efficient  and  proper  service,  the  pumping  of  storm  or 
discolored  water  from  the  river — stopping  the  pumps  at  No.  1  Station 
when  the  river  is  muddy ;  filling  the  reservoir  and  keeping  it  up  wht^i 
the  river  is  in  its  clearer  or  better  stages.  On  the  daily  record  kept 
at  both  pumping  stations,  an  entry  shall  be  made  appropriately  to 
each,  the  daily  stage  of  the  river,  as  to  height  of  water  and  degree  of 
clearness,  and  the  height  and  condition  of  the  water  in  the  reservoir. 

Sec.  11.  The  Secretary  shall  give  satisfactory  bond  in  the  sum  of 
five  thousand  dollars  ($5,000. 00), conditioned  for  the  faithful  perform- 
ance of  his  duties.  He  shall  keep  and  have  charge  of  the  Waterworks 
books,  papers,  pay-rolls  and  accounts.  He  shall  have  power  to  ap- 
point and  discharge  the  clerical  force  in  the  office,  subject  to  approval 
of  the  Superintendent  and  ratification  by  the  Board  ;  shall  sujiervise 
and  control  such  force  and  see  that  they  perform  llieii'  (hities  witli 
courtesy  to  the  public  and  fidelity  to  the  city.  Keep  a  register  of  the 
applications  made  for  water,  assessments,  permits,  hydrants,  attach- 


Pumping  into 
the  reservoir. 


Daily  record  of 
water. 


Secretary's 
bond  and  du- 
ties. 


Watku\v()1{K8  Dkpahtmkxt.  455 

ments,  water  rates  and  rents,  collections,  disbursements  and  receipts ; 
make  out  bills,  keep  the  minutes  of  the  Board,  and  submit  monthly 
reports  showing  rate  of  water  consumption ;  water  turned  on  or  off ; 
receipts  and  financial  condition  of  the  Waterworks,  with  such  other 
duties  as  the  Board  may  designate. 

Sec.  18.  No  Commissioner,  officer  or  employe  of  the  Waterworks 
fc-hall  in  any  manner  be  interested,  directly  or  indirectly,  in  any  con-  'eguiatio^  as 
tract  or  purchase  made  by  the  Waterworks.  The  Superintendent  may  ^^' 
purchase  material  or  order  repairs  for  the  Waterworks  not  exceeding 
two  hundred  and  fifty  ($350)  dollars  in  cost;  but  in  all  instances, 
after  having  made  such  purchases  or  repairs,  he  must  report  the 
necessity  and  cost  of  the  same  at  the  next  meeting  of  the  Board. 

Sec.  13.     All  pay-rolls  must  be  certified  bv  the  Superintendent,  en-  I'av-roiis. 
gineers  and  Secretary,  and  be  approved  by  the  chairman  of  the  Finance 
Committee  of  the  Board,  and  receipted  by  the  employes. 

Sec.  14.     The  chairman  of  the  Finance  Committee    shall    submit 
monthly  a  statement  to  the  Board  properly  certified  to  by  the  Super-  Finance  Com- 

*  ^     mittee. 

intendent,  engineers  and  Secretary  of  all  bills,  pay-rolls  and  expendi- 
tures made  by  the  Waterworks  during  the  month. 

Sec.  15.     Requisitions  shall  be  made  upon  the  Superintendent  for 
supplies  or  other  material  needed,  bv  the  engineers  or  foremen  of  the  Kequisitions 

'-  ^  ^      1  o  fgj.  supplies 

various  sub-departments,  which  requisition,  after  approval  by  the  Su-  and  material, 
perintendent,  shall  be  brought  to  the  Secretary,  who  will  issue  the  or- 
der for  the  purchase  of  said  supplies  or  material,  in  accordance  with 
contracts  previously  approved  by  the  Board,  or  as  authorized  by  its 
rules,  and  upon  the  best  prices,  qualities  and  conditions  obtainable. 
Bills  of  purchase  shall  accompany  the  goods  when  delivered,  and  be 
signed  with  0.  K.  check  by  the  foreman  or  engineer  receiving  same, 
and  shall  be  delivered  to  the  Secretary's  office  for  entry.  Xo  purchase 
shall  be  made  without  the  approval  of  the  requisition  by  the  Superin- 
tendent, except  in  extreme  cases,  where,  in  his  absence,  the  Secretary 
may  act.  Duplicates  of  all  orders  and  requisitions  shall  be  kept, 
showing  disbursements,  etc.,  for  the  inspection  of  the  Board. 

Sec.  1().  Office  hours  in  the  Water  Department  shall  be  from  eight 
a.  m.  to  five  p.  m.,  with  the  addition  that  one  clerk  and  one  inspector  p^^^g  ,jou,.s 
shall  remain  on  duty  for  special  calls  until  half  past  six  p.  m..  by 
turns,  as  designated  by  the  Superintendent  from  time  to  time.  All 
officers,  inspectors  and  clerks  shall,  as  a  rule,  be  at  the  office  to  go  on 
duty  punctually  at  said  hour  each  morning,  and  the  Superintendent 
will  personally  be  present  and  take  knowledge  that  they  do  so;  and 
none  to  be  absent  or  lose  any  time  from  their  duties  during  the  day 
without  his  permission.  If  work  is  behind,  or  for  special  cause,  work 
in  the  office  may  be  extended  beyond  five  o'clock,  and  each  day  the 
force  shall  remain  until  dismissed  in  whole  or  in  part  by  the  Super- 
intendent, or,  in  his  al)sence,  h\  the  Secretary.     The  Superintendent 


456 


Waterworks  Department. 


Rotation  by 
meter    readers 
and   inspectors 


Duty  of  in- 
spectors and 
meter  readers. 


Sunday  hours  ^liall  detail  one  clerk,  meter  reader,  inspector  or  other  employe,  to 
remain  on  duty  each  Sunday  from  eight  p..  m.  to  six  p.  m.,  to  answer 
telephone  calls  or  give  such  notice  as  instructed  by  the  Superintendent 
in  case  of  break  or  other  necessity. 

Sec.  17.     Absolute  sobriety  is  enjoined  on  every  man  in  the  depart- 
ment.    The  Superintendent  will  be  held  strictly  responsible  for    the 
Sobriety.  enforcement  of  this  rule.     For  any  infraction  of  this  rule,  the  Super- 

intendent must  at  once  discharge  the  delinquent,  when  under  the  rules 
he  has  power  of  appointment  and  removal,  and  in  other  cases  he  must 
at  once  suspend  the  delinquent  and  report  the  matter  to  the  Board  for 
its  action. 

Sec.  18.  A  system  of  rotation  by  the  meter  readers  and  inspectors 
in  the  different  districts  or  divisions  of  the  city  shall  be  devised  and 
enforced  under  order  of  the  Superintendent,  so  as  to  insure,  as  far  as 
possible,  the  invariable  and  correct  reading  of  the  meters,  and  so  that 
the  work  of  each  may  verify  and  be  a  check  upon  the  other.  This  sys- 
tem may  be  verified  and  improved  from  time  to  time  by  the  Superin- 
tendent, as  experience  may  suggest  or  new  conditions  require. 

Sec.  19.  Inspectors  and  meter  readers  shall  take  all  due  care  and 
pains  to  inform  and  explain  to  consumers  the  use  of  cut-off,  fixtures, 
meters,  and  nature  of  the  service,  whenever  needful  to  do  so,  so  as  to 
give  the  consumer  satisfaction  as  far  as  possible,  and  as  an  accommo- 
dation, without  charge  to  consumers,  they  will  make  any  slight  repairs, 
such  as  putting  in  a  new  washer  or  tightening  up  a  joint,  or  other 
like  thing  that  can  be  done  in  a  few  minutes,  and  shall  carry  with  them 
on  their  round  a  light  wrench  and  washers  or  other  needful  or  simple 
appliances  for  such  purposes.  If  meter  readers  and  inspectors  have 
not  the  requisite  mechanical  skill  and  training,  they  are  expected  to 
speedily  acquire  it,  or  the  Superintendent  will  replace  them  with  men 
who  are  thus  capable.  Such  slight  repairs  here  contemplated  are  not 
a  matter  of  right  or  contract  with  consumers,  but  a  mere  accommoda- 
tion-to  be  carried  out  under  the  direction  of  the  Superintendent  in  the 
effort  to  make  the  service  favorable  and  satisfactory  to  the  public. 

Sec.  20.  The  Superintendent  is  required  to  so  order  the  conduct 
of  every  officer  and  man  in  the  department  as  by  courtesy  and  dili- 
gence shall  most  tend  in  every  instance  and  under  all  circumstances  to 
show  to  consumers  not  only  that  they  shall  get  the  best  service,  but 
they  be  enabled  to  feel  and  know  that  they  are  getting  it,  and  that  the 
utmost  pains  be  taken  in  answering  and  relieving  complaints,  and  all 
that  is  needful  for  the  successful  and  satisfactory  conduct  of  the  de- 
partment in  dealing  with  consumers  and  the  public. 

Sec.  31.  A  separate  rate  will  be  charged  for  each  store,  dwelling 
or  other  premises  supplied,  at  not  less  than  eighty  cents  for  each  sepa- 
rate tenement.  It  is  the  policy  of  the  city  to  encourage  in  every  way 
the  making  of  a  separate  tap  and  use  of  a  separate  meter  for  all  prem- 


Conduct  of 
officers  and 
employes  of 
departmetit. 


Number   of 
water  rates. 


Waterworks  Depart.ment.  457 

ises  supplied,  as  experience  has  shown  that  l)y  this  means  the  best  ser- 
vice, econom)'  and  satisfaction  can  be  given  to  consumers,  consistent 
with  the  interest  of  the  public,  and  no  exception  will  be  made  in  this 
respect  unless  under  special  written  authority  of  the  Superintendent. 

Sec.  22.     Change  of  rules,  or  standing  orders  and  precedents  shall,  c,,.,,,^^  „f 
when  proposed,  stand  over  till  the  next  regular  meeting.  "■"''■■ 

Sec.  23.  There  shall  be  an  inventory  carefully  made,  accurate  and  i„vi.ntory. 
full,  during  the  last  week  of  every  year,  showing  the  total  amount  of 
all  supplies  and  material  on  hand  in  each  and  every  division  of  the  De- 
partment, and  the  same  entered  appropriately  on  its  files  or  books,  and 
a  consolidated  report  of  same  laid  before  the  Board  at  the  first  meeting 
of  each  year. 

Sec.  24.     A  separate  cut-off  shall  be  put  in  for  each  meter  so  that 
the  same  may  be  cut  off  independently,  and  in  all  cases  where  this  is  Sreet*^^  '" 
done,  these  cut-offs  shall  be  in  the  street,  as  provided  by  city  ordinance. 

Sec.  25.  When  the  supply  is  taken  through  one  meter  supplying 
two  or  more  houses,  all  owned  by  one  party,  a  separate  cut-off  may  be  offs!^'**'^  '"* 
placed  in  the  adjoining  yard  through  which  the  water  passes  before 
reaching  the  house  or  premises  supplied,  by  which  the  house  may  be 
cut  off  independently  and  reduce  the  number  of  rates  accordingly. 
Said  cut-offs  will  only  be  placed  upon  written  application  of  the  prop- 
erty owner,  approved  by  the  Superintendent ;  same  to  be  under  absolute 
control  of  the  Waterworks  Department,  and  any  interference  therewith 
to  be  punishable  according  to  laws  governing  same  as  though  it  were 
in  the  street.  In  no  case  will  said  cut-off  be  allowed  to  be  handled  by 
any  other  one  than  an  employe  of  the  Waterworks  Department.  All 
expenses  of  placing  and  keeping  in  repair  such  special  cut-offs  shall  be 
borne  by  the  property  owner.  When  water  is  cut  off  by  the  Waterworks 
Department  and  is  afterwards  found  to  have  been  turned  on  without 
the  knowledge  of  said  Department,  the  privilege  of  using  such  special 
cut-off  for  the  reduction  of  rates  will  he  withdrawn  and  the  full  num- 
ber of  rates  collected. 

Sec.  26.     In  no  case  will  these  cut-offs  be  placed  within  the  prem- 
ises when  houses  supplied  have  a  frontage  on  a  public  street  or  alley.  in^stn;et' oi'ai'^ 
In  such  case,  these  special  cut-offs  must  be  in  the  street  front  or  alley.  "' 

Sec.  27.     ¥0  change  in  any  employe  where  appointment  has  been 
approved  by  the  Board  shall  be  made  until  the  proposed  change,  with  emp"fyes'' 
reason  therefor,  shall  have  been  first  submitted  to  the  Board.     When  New  appoint- 
new  appointments  are  made,  they  shall  be  in  line  of  promotion. 

Sec.  28.     Meters  that  are  inconveniently  located  shall  be  changed 
by  the  property  owner,  or  at  his  expense,  so  as  to  conform  to  the  rule  Meters  incon- 
on  that  subject,  and  when  left  within  the  premises,  shall  be  set  at  the  ca^ed" 
property  line,  wherever  this  can  be  done ;  or  when  tl.ds  is  impracticable, 
at  sucli  location  as  approved  by  the  Superintendent,  so  as  to  be  easily 


k 


458 


Waterworks  Department. 


Separate   meter 
for  each 
property    own- 


accessible  for  reading  by  the  meter  readers  and  inspectors.     The  Su- 
perintendent shall  see  to  the  execution  of  this  rule. 

Sec.  29.  Property  owned  by  separate  parties  will  not  be  supplied 
with  water  except  through  separate  meters,  which  must  have  an  inde- 
pendent cut-off  in  the  street,  and  in  no  case  will  it  be  allowed  through 
same  meter.  When  more  than  one  rate  is  chargeable  to  the  same  land- 
lord, and  afterwards  part  of  the  property  is  sold,  the  parcel  sold  must 
be  disconnected  from  the  supply  and  a  separate  meter  put  in.  This 
rule  applies  to  all  parties  heretofore  using  water  under  the  same  con- 
ditions, and  disconnections  must  be  made  at  once  as  above  specified. 
Property  under  one  ownership  will  not  be  allowed  to  pay  a  number  of 
rates  unless  the  same  is  adjoining. 

Sec.  30.  A  stop  and  waste  cock,  or  cut-off  valve,  must  be  placed 
by  the  property  owner  at  the  property  line,  or  at  such  point  where  the 
pipe  leaves  the  street  line;  such  cock  or  valve  to  be  under  the  control 
of  the  tenant  or  owner,  to  be  used  in  case  of  break  or  other  necessity 
whereby  pipes  to  be  repaired  can  be  cut  off  without  the  necessity  of 
using  the  street  corporation  cut-off.  This  is  not  intended  to  take  the 
place  of  the  ordinary  stop  and  waste  cock  located  within  the  premises 
to  be  used  to  drain  the  pipes  to  prevent  damage  by  freezing.  As  many 
additional  stop  and  waste  cocks  as  desired  by  the  owner  may  be  placed 
within  the  premises,  to  be  used  according  to  desire  or  convenience. 

Sec.  31.  Water  will  not  be  furnished  any  premises  where  there  is  a 
delinquent  bill,  even  though  the  water  is  supplied  through  a  separate 
tap.     All  bills  must  be  paid. 

Sec.  32.  According  to  action  of  the  Board  of  Water  Commissioners 
at  their  meeting.  May  18th,  1898,  a  uniform  charge  of  fifteen  dollars 
will  hereafter  be  made  for  making  all  ordinary  domestic  taps  for 
%-inch  meters.  This  embraces  all  charge  for  running  pipe  to  the 
property  line  on  streets  where  property  is  located  on  city  mains.  When 
run  to  the  property  line,  it  will  then  be  taken  charge  of  by  the  owner 
of  the  property,  who  will  place  a  cut-off  at  the  point  where  the  pipe 
leaves  the  street,  to  be  used  in  case  of  accident  or  for  repair  of  pipes 
beyond  the  cut-oft'.  The  meter  will  be  supplied  by  the  city  and  set 
upon  the  sidewalk  in  a  suitable  box,  together  with  the  City  cut-off  at 
the  curb,  said  cut-off  to  be  used  only  by  the  citv.  Pipe  and  connections 
in  the  street,  as  well  as  meter  and  other  fixtures,  will  be  cared  for  by 
the  city  without  expense  to  the  consumer  or  owner  of  pro])erty.  All 
fixtures  within  the  premises  mu>t  be  kept  in  reiinir  by  tlu'  consumer 
or  property  owner. 

Sec.  33.  Applications  for  water  on  streets  having  no  city  mains 
in  front  of  the  property  to  be  sujjplied,  will  be  granted  and  tlie  tap 
made  at  the  most  available  ])lace,  and  the  pipe  run  to  the  curb  of  street 
on  which  the  tap  is  made,  at  which  point  it  Avill  be  taken  charge  of 
by  the  applicant  and  run  to  the  desired  ])oiiit.     Openings  should  bo 


Making  new 
taps  for  prop- 
erty abutting: 
on  mains. 


Making  new 
taps  for  prop- 
erty not  abut- 
ting on  city 
mains. 


Waterworks  Department.  459 

left  in  pipe  on  sidewalk  in  front  of  property  to  be  supplied,  where 
meter  will  be  set  by  the  city  in  suitable  box,  together  with  cut-off  to  be 
used  by  the  city. 

Sec.  34.  Applications  granted  for  private  pii)e  in  the  street  will  private  pipes 
be  furnished  with  a  city  cut-off  where  the  tap  is  made,  between  whicli '"  ^^^^^^' 
cut-off  and  the  main  the  pipe  will  be  cared  for  by  the  city ;  beyond  said 
cut-off  the  pipe  must  be  kept  in  repair  by  the  owner  of  the  private  pipe. 
Applications  for  taps  on  private  pipe  will  only  be  granted  upon  written 
consent  of  the  owner  of  such  pipe,  which  must  be  filed  at  the  Water- 
works office.  The  work  of  tapping  and  making  connection  to  private 
pipe  will  be  done  by  plumber  as  heretofore.  The  city  charge  on  private 
pipe  will  be  the  same  amount  as  charged  for  tapping  the  main.  When 
mains  are  afterwards  run  on  such  streets,  connections  will  be  changed 
from  private  pipes  into  the  mains  without  additional  charge. 

Sec.  35.  Where  meters  are  condemned,  a  change  of  connection  for 
%-inch  size  meter  will  be  made  for  a  charge  of  ten  dollars  ($10).  A  comiemned 
new  meter  will  be  furnished  by  the  city  and  placed  upon  the  sidewalk  ^n.  file? 
in  a  suitable  box  with  the  necessary  connections.  Xo  charge  for 
repairs  or  other  work  will  thereafter  be  made.  The  meter,  meter  box 
and  connections  in  the  street  other  than  private  pipes,  being  the  prop- 
erty of  the  city,  will  be  kept  in  repair  without  charge. 

Sec.  36.     For  making    taps    and   furnishing    meters    larger    than  Larger  than 
%-inch  size,  the  following  prices  will  be  charged  : 

For     %  inch $  19  GO  (   %  inch) 

For  1       inch 37  90  (1       inch) 

For  11/2  inch  50  00  (1 1/0  inch) 

For  3       inch 65  00  (3       inch) 

For  3       inch 135  00  (3       inch) 

For  4      incli 350  00  (4       inch) 

For  6       inch 500  00  (6       inch) 

Prices  named  in  above  list  will  be  charged  for  replacing  condemned 
meters  of  sizes  named. 

Sec.  37.  For  making  taps  to  supply  property  beyond  the  city  lim- 
its, in  addition  to  the  regular  charge  for  tapping,  the  time  and  all  S?^  limits" 
material  furnished  must  be  paid  for  by  the  applicant,  and  the  water 
bill  for  the  first  twelve  months  paid  at  double  the  city  rate,  whether 
water  is  used  or  not ;  the  water  rates  being  payable  monthly  as  done  by 
city  consumers. 

Sec.  38.     In  no  case  shall  a  discount  be  allowed  on  water  bills  other  Discount  on 
than  by  vote  of  the  Board,  except  as  follows :  ''■•''*^''  ''"'"• 

The  Superintendent,  or  in  his    absence,    the    Secretary,  shall  have    ' 
power  by  written  order,  whether  the  ten  days  limit  has  expired  or  not, 
temporarily  to  allow  rebate  or  discount  in  the  following  cases  only,  and 


460 


Water woiJKS  Departmext. 


in  no  case  shall  the  same  be  allowed  by  the  clerks  or  accounting  officers 
of  the  Department  without  such  written  order  or  approval,  namely : 

a.  Where  the  Water  Department,  its  officers  or  employes,  has  by 
some  mistake,  error,  or  omission,  caused  the  delay  or  excessive  charge 
as  the  case  may  be,  or  has  materially  contributed  to  such  cause. 

h.  Where  the  consumer  has  in  good  faith  mailed  or  sent  the  money 
or  checks,  as  the  case  may  be,  for  the  payment  of  his  bills,  on  or  before 
the  close  of  office  hours  on  the  10th  of  each  month,  or  on  the  11th  if 
the  10th  be  Sunday,  and  in  time  for  the  remittance  to  reach  the  Water- 
works office  before  the  office  closes,  or  where  the  consumer  or  his  rep- 
resentative tenders  payment  on  the  last  day  whilst  the  Waterworks 
office  is  still  open,  but  the  Tax  Collector's  office  has  been  closed. 

c.  Where  the  bill  is  very  excessive,  caused  by  a  leak  without  fault 
in  the  consumer,  and  the  same  has  been  repaired  and  certificate  of  the 
plumber  making  repairs  is  presented  with  report  of  the  inspector, 
certifying  to  the  leaks,  a  reduction  of  one-half  the  excess  may  be  tem- 
porarily allowed. 

All  such  reductions  and  allowances  made  under  the  amended  rule 
by  the  Superintendent  or  Secretary,  shall  be  provisional  merely,  and 
shall  be  reported  to  the  Board  at  its  next  meeting  and  subjected  to 
approval  or  disapproval  by  a  vote  of  the  Board.  This  rule  shall  not 
interfere  with  the  right  of  any  consumer  to  appeal  to  the  Board,  either 
in  cases  above  stated  or  in  any  other  where  such  consumer  may  deem 
himself  entitled  to  relief. 

Sec.  39.  The  application  for  a  connection  to  the  water  mains  must 
bear  the  signature  of  the  owner  of  the  property  to  be  supplied.  Appli- 
cation made  by  tenant  will  not  be  considered.  One  three-quarter  inch 
tap  will  be  allowed  to  each  city  front  or  street  number,  and  if  more 
than  one  tap  is  desired,  the  expense,  or  cost  of  the  additional  tap  or 
taps  must  be  paid  by  the  owner  of  the  property. 

Sec.  40.  Should  any  person  use  water  without  the  knowledge  of 
the  Waterworks  authorities,  and  afterwards  it  should  in  any  way  come 
to  their  knowledge,  that  water  has  been  used,  a  bill  will  be  made  against 
the  premises  for  the  time  the  water  has  been  used,  or  for  the  quanity 
shown  to  have  been  used  by  the  meter,  and  the  water  cut  off  and  not 
turned  on  till  the  bill  is  settled.  Xo  premises  will  he  sn])plied  with 
water  that  has  not  a  meter  in  the  service  pipe. 

Sec.  41.  The  water  will  not  in  any  instance  be  turned  on  to  any 
II  of  per-  house  Or  premises  until  the  plumber  returns  the  permit  to  the  water 
office,  upon  the  reverse  side  of  which  he  must  specify  in  full  the  various 
fixtures  he  has  put  in,  also  the  location  of  the  stop-cock  by  which  the 
occupant  of  the  premises  may  shut  off  the  water.  Under  no  circum- 
stances are  plumbers,  or  any  other  persons  than  the  Waterworks  author- 
ities, allowed  to  turn  on  or  off  the  water.  When  it  is  desired  to  discon- 
tinue the  use  of  water,  notice  must  be  given  at  the  water  office,  and 


Signature  of 
property  o\v 
er  on  all  ap 
plications. 


Water  used 
without 
knowlecl§:e  of 
Waterworks 
Department. 


Waterworks  Department.  461 

bills  will  be  made  and  water  rents  collected  until  the  water  is  shut  off 
at  the  corporation  cock. 

Sec,  42.     Water  being  shut  off  at  the  stop  and  waste  or  by  the  own- 
er, does  not  relieve  the  premises  from  paying  water  rent.     Bills  will  ^^^^^''  ™*  "^' 
be  collected  until  the  Waterworks  office  is  notified  in  writing  or  in  per- 
son to  shut  the  water  off. 

Sec.  43.  The  minimum  monthly  rate  to  any  consumer  is  eight}' 
(80)  cents  for  800  cubic  feet  or  less;  800  cubic  feet  is  equal  to  6,000  sumere. °  *^°" 
gallons..  A  discount  of  twenty-five  (25)  per  cent,  will  be  allowed  on 
bills  paid  by  the  10th  of  the  month.  Consumers  who  take  advantage 
of  the  discount  will  then  pay  ten  (10)  cents,  net,  per  1,000  gallons, 
or  sixty  (60)  cents  per  month. 

Sec.  44.     Manufacturers  will  be  charged  the  regular  domestic  rate 

^  "  Manufacturers' 

of  $1.00  per  1,000  cubic  feet  for  water  up  to  and  including  10,000  cubic  lates. 
feet.     Water  in  excess  of  this  amount  will  be  furnished  in  the  follow- 
ing quantities  for  prices  named  below : 

10,000  cubic  ft.  for  $10.00  and  excess  at  $0.95  per  1,000  cubic  feet. 

(75,000  gallons.) 
20,000  cubic  ft.  for  $19.50  and  excess  at  $0.90  per  1,000  cubic  feet. 

(150,000  gallons.) 
30,000  cubic  ft.  for  $28.50  and  excess  at  $0.85  per  1,000  cubic  feet. 

(225,000  gallons.) 
40,000  cubic  ft.  for  $37.00  and  excess  at  $0.80  per  1,000  cubic  feet. 

(300,000  gallons.) 
50,000  cubic  ft.  for  $45.00  and  excess  at  $0.75  per  1,000  cubic  feet. 

(375,000  gallons.) 
60,000  cubic  ft.  for  $52.50  and  excess  at  $0.70  per  1,000  cubic  feet. 

(450,000  gallons.) 
70,000  cubic  ft.  for  $59.50  and  excess  at  $0.65  per  1,000  cubic  feet. 

(525,000  gallons.) 
80,000  cubic  ft.  for  $66.00  and  excess  at  $0.60  per  1,000  cubic  feet. 

(600,000  gallons.) 
90,000  cubic  ft.  for  $72.00  and  excess  at  $0.55  per  1,000  cubic  feet. 

(675,000  gallons.) 
100,000  cubic  ft.  for  $77.50  and  excess  at  $0.50  per  1,000  cubic  feet. 

(750,000  gallons.) 
120,000  cubic  ft.  for  $87.50  and  excess  at  $0.45  per  1,000  cubic  feet. 

(900,000  gallons.) 

Manufacturers  will  be  charged  for  all  water  in  excess  of  120,000  cubic 
feet  at  rate  of  forty-five  cents  per  thousand  cubic  feet.  The  regular 
discount  of  25  per  cent,  will  be  allowed  if  paid  on  or  before  the  10th 
of  the  month  following  the  month  of  consumption. 


462  Waterworks  Department. 


Net  amount 


rate    when 
paid  on  or  be 


Sec.  45.     When  manufacturers  take  advantage  of  the  discount  the 


fore  loth  10,000  cubic  ft.  for  $7.50  and  excess  at  $0.71.25  per  1,000  cubic  feet. 

(75,000  gallons.) 
30,000  cubic  ft.  for  $14.62.5  and  excess  at  $0.67.5  per  1,000  cubic  feet. 

(150,000  gallons.) 
30,000  cubic  ft.  for  $21.37.5  and  excess  at  $0.63.75  per  1,000  cubic  feet. 

(225,000  gallons.) 
40,000  cubic  ft.  for  $27.75  and  excess  at  $0.60  per  1,000  cubic  feet. 

(300,000  gallons.) 
50,000  cubic  ft.  for  $33.75  and  excess  at  $0.56.25  per  1,000  cubic  feet. 

(375,000  gallons.) 
60,000  cubic  ft.  for  $39.37.5  and  excess  at  $0.52.5  per  1,000  cubic  feet. 

(450,000  gallons.) 
70,000  cubic  ft.  for  $44.62.5  and  excess  at  $0.48.75  per  1,000  cubic  feet. 

(525,000  gallons.) 
80,000  cubic  ft.  for  $49.50  and  excess  at  $0.45  per  1,000  cubic  feet. 

(600,000  gallons.) 
90,000  cubic  ft.  for  $54.00  and  excess  at  $0.41.25  per  1,000  cubic  feet. 

(675,000  gallons.) 
100,000  cubic  ft.  for  $58.12.5  and  excess  at  $0.37.5  per  1,000  cubic  feet. 

(750,000  gallons.) 
120,000  cubic  ft.  for  $65.62.5  and  excess  at  $0.33.75  per  1,000  cubic 

feet.     (900,000  gallons.) 
Sec.  46.     Manufacturers'  rate  for  water  in  excess  of  120,000  cubic 

Manufactur-         ^      j.  kpi,-,o-  for  • 
ers'   rates  for      ^^^'^  ULlUg  J.01  . 

mTOO°cubic  1.000  cubic  feet  $0.45  gross,  $0.33.75  net. 

*^"^^-  (7,500  gallons.) 

2,000  cubic  feet  $0.90  gross,  $0.67.5    net. 

(15,000  gallons.) 
3,000  cubic  feet  $1.35  gross,  $1.01.25  net. 

(22,500  gallons.) 
4,000  cubic  feet  $1.80  gross,  $1.35       net. 

(30,000  gallons.) 
5,000  cubic  feet  $2.25  gross,  $1.68.5    net. 

(37,500  gallons.) 
6,000  cubic  feet  $2.70  gross,  $2.02.5    net. 

(45,000  gallons.) 
7,000  cubic  feet  $3.15  gross,  $2.36.25  net. 

(52,500  gallons.) 
8,000  cubic  feet  $3.60  gross,  $2.70       net. 

(60,000  gallons.) 
9,000  cubic  feet  $4.05  gross,  $3.03.75  net. 

(67,500  gallons.) 


Watehwokks  Department.  463 

10,000  cubic  feet  $4.50  gross,  $3.37.5    net. 
(75,000  gallons.) 

Sec.  47.     Manufacturers'  rate  beyond  city  limits  is  fifty  per  cent.  iMs-  rates  he- 
more  than  the  manufacturers'  rate  within  city  limits.  iti. 

Sec.  48.  Should  a  meter  be  out  of  order,  and  upon  inspection  it  is 
found  that  it  can  be  repaired,  the  cost  of  new  parts  only  are  charged  Repairs  in 
to  the  owner  or  occupant  of  the  premises.  All  the  other  expense,  the 
time  and  labor  of  mechanics,  is  paid  by  the  Water  Department,  and 
the  repairs  are  made  by  men  who  thoroughly  understand  the  construc- 
tion of  water  meters,  and  who  do  nothing  else.  No  expense  is  in- 
curred, only  such  as  is  absolutely  necessary. 


I 


STREET  RAILWAY  FRANCHISES. 


Grants  to  Atlanta  and  Chattahoochee  River  Railway  Com- 
pany, and  the  Collins  Park  and  Belt  Rail- 
road Company. 


Atlanta  and 


Petition  of  Atlanta  and  Chattahoochee  River  Railway  Com- 
pany FOR  Use  of  Certain  Streets. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  petition  of  the  Atlanta  and  Chattahoochee  River  Railway  Com- 
pany respectfully  asks  for  permission  to  lay  its  tracks  in  and  upon  the 
River  ^RaHwr  f ollowiug  strccts  in  the  City  of  Atlanta,  viz :  Commencing  at  or  near 
^°-  the  corner  of  Walton  and  Broad  streets,  in  the  City  of  Atlanta,  running 

thence  along  Walton  street  to  Spring  street,  thence  along  Spring  street 
to  Luckie  street,  thence  along  Luckie  street  to  Alexander  street,  thence 
Broad  along    along  Alexander  street  to  Marietta  street,  thence  along  Marietta  street 
sirring"' Luckie,  ^^  Joncs  avcuue,  thence   west   along   Jones    avenue   to    Gray  street, 
Mariettl^'^jones  Whence  north  to  Kennedy  street,  thence  west  along  Kennedy  street  to 
KenTed  ^nd'   J^ckson  or  Hubbard  street,  thence  along  Jackson  or  Hubbard  street 
liJJdts"^  *°       to  city  limits ;  also  commencing  at  Bartow  street,  on  Walton  street,  and 
running  down  Walton  street  to  Cain  street,  thence  west  along  Cain 
street  to  Magnolia  street,  thence  west  along  Magnolia  street  to  Haynes 
street,-  thence  north  along  Haynes  street  to  Jones  avenue. 

Your  petitioners  ask  six  months  within  which  to  commence  work. 
Your  petitioners  also  desire  the  privilege  of  running  street  cars  over 
said  lines  of  road  when  constructed  to  be  propelled  by  either  dummy 
engines  or  electricity  as  your  petitioners  may  desire. 

W.  AsBURY  Baker, 
Acting  Secretary. 

report  of  committee. 

Favorable.  Power  used,  electricity — to  be  subject  to  all  laws  now 
of  force  or  that  may  hereafter  be  made  for  the  government  of  street 

Grant   and 

conditions.        car  Companies  in  the  city.     The  city  reserves  tlie  right  to  determine 

Feb.  19,  1891.   when  a  double  track,  or  two  different  tracks  shall  be  )nit  down  in  any 

portion  of  the  streets  hereby  granted,  also  the  right  to  condemn  any 

portion,  or  all,  of  the  track  along  any  of  the  streets  hereby  granted 

for  the  purpose  of  allowing  other  street  railroad  companies  to  get  into 


Street  Railway  Franchises.  465 

the  central  part  of  the  city.  That  the  city  shall  have  the  full  power 
to  control  the  manner  of  placing  tracks  on  Jones  avenue  bridge,  and 
to  pass  such  laws  in  reference  to  the  running  of  cars  across  said  bridge 
as  may  be  necessary  to  regulate  the  same  for  the  different  street  car 
companies  crossing  the  same;  also  the  right  to  grant  other  street  rail- 
road companies  the  right  to  cross  said  bridge.  The  within  named  com- 
pany shall  pay  for  all  belgian  blocks  or  rubble  on  any  street  along 
its  route  the  same  as  is  now  required  of  other  street  railroad  compa- 
nies, that  is,  between  the  tracks  and  for  three  feet  on  the  outer  sides, 
where  there  is  macadam  there  shall  be  put  belgian  blocks  as  above  re- 
quired; that  where  there  is  no  permanent  improvement  the  street  to 
be  kept  in  such  condition  as  is  required  of  other  street  railroads  in 
the  city ;  that  the  work  shall  be  commenced  in  earnest  in  three  months, 
and  prosecuted  to  completion  in  not  exceeding  twelve  months;  the 
Mayor  and  General  Council  to  determine  as  to  the  faithful  compliance 
of  said  company  with  the  terms  of  this  grant;  all  rights  forfeited  on 
failure  to  comply. 


[ 


Petition,  of  the  Atlanta  and  Chattahoochee  Eiver  Eailway 
Company. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

The  petition  of  the  Atlanta  and  Chattahoochee  Eiver  Eailway  Com- 
pany respectfully  asks  a  right-of-way  for  its  line  of  road  twenty  (20)  i^:,;^^^;,  ^^^'^ 
feet  wide  and  extending  from  the  northeast  corner  of  the  lands  known 
as  the  "city's  dumping  grounds"  on  the  south  side  of  the  Mason  and 
Turner's  Ferry  Eoad  and  running  west  along  the  south  side  of  said 
Mason  and  Turner's  Ferry  Eoad  to  the  northwest  corner  of  said 
dumping  grounds  near  Proctor's  creek.  Said  strip  of  land  to  be  used 
not  only  as  a  right-of-way  for  your  petitioner's  railroad,  but  as  a  pub  - 
lie  road,  and  for  the  purpose  of  widening  said  Mason  and  Turner's 
Ferry  Eoad. 

Your  petitioner  has  condemned  a  strip  of  land  (20x1100)  twenty 
feet  wide  and  about  eleven  hundred  feet  long,  lying  on  the  south  sid^f^°''^j^^^\°J 
of  the  Mason  and  Turner's  Ferry  Eoad  and  immediately  west  of  said  ll^^J^  ""''*■' 
dumping  grounds,  which  land  can  also  be  used  for  the  purpose  of 
widening  said  Mason  and  Turner's  Ferry  Eoad. 

If  the  City  of  Atlanta  is  not  willing  to  grant  your  petitioner's  request 
as  hereinbefore  stated,  then  your  petitioner  asks  that  it  be  allowed  to 
extend  its  road  over  the  city's  land,  commencing  in  front  of  Mr. 
Elliott's  house  at  the  bend  of  the  road  and  extending  west  within 
twenty-five  (25)  feet  of  the  center  of  the  public  road  to  the  Elliott 
property  near  Proctor's  creek. 

If  the  City  of  Atlanta  is  not  willing  to  allow  your  petitioners  the 
use  of  the  land  without  compensation,  then  your  petitioner  asks  that 


466 


Street  Eailway  Fkaxchises. 


an  assessor  be  appointed  on  the  part  of  the  city  lo  fix  and  assess  tlie 
damages  done  to  said  property  by  reason  of  building  petitioner's  road 
over  said  strip  of  land,  your  petitioner  hereby  selecting  G.  0.  Williams 
of  said  City  of  Atlanta  as  its  assessor,  who,  together  with  snch  assessor 
as  may  be  chosen  by  said  City  of  Atlanta,  shall  select  and  choose  a  third 
assessor,  who  shall,  after  being  duly  sworn,  assess  and  fix  the  amount 
of  damages  to  be  paid  by  your  petitioner  to  said  City  of  Atlanta. 

Your  petitioner  requests  that  a  special  meeting  of  the  City  Council 
l)e  called  that  this  matter  may  be  passed  upon  immediately,  inasmuch 
as  your  petitioner  has  only  a  few  more  days  within  which  to  complete 
the  construction  of  its  road  and  will  have  to  complete  the  road  at  this 
point  in  order  to  ship  material  out  over  the  road  to  its  own  power 
plant  and  bridges.     And  your  petitioner  will  ever  pray. 

C.  J.  Simmons, 
Pres.  A.  and  C.  River  Railway  Co. 

r.^  f[^'  REPORT  OF  THE  COMMITTEE. 


Acceptance. 
Fob.    fl,    ISO-J 


The  foregoing  petition  having  been  referred  by  the  General  Council 
of  the  City  of  Atlanta  to  the  undersigned  committee  with  power  to  act, 
and  the  committee,  having  examined  the  premises,  report  as  follows : 
Petitioner  to  be  given  the  right-of-way  for  a  roadbed  for  its  railroad 
through  the  dumping  ground  of  the  city,  alongside  the  Mason  and 
Turner's  Ferry  Road  as  prayed  for,  to  be  used  for  railroad  purposes 
only,  and  to  l)e  subject  to  the  control  of  the  city  by  ordinance,  resolu- 
tion or  order  as  to  grades  and  other  regulations  just  as  if  within  the 
city  limits,  and  on  condition,  also,  that  petitioner  or  its  assigns  shall, 
when  required  to  do  so  by  the  City  of  Atlanta,  open  and  grade  a  road 
thirty  (30)  feet  wide  along  the  south  side  of  the  roadbed  of  petitioner  s 
roadbed  from  the  curve  in  the  road  in  front  of  E.  R.  Elliott's  to  the 
Elliott  property  on  the  east  side  of  Proctor's  creek,  said  road  to  be 
graded  through  the  city's  property. 

Atlanta,  Ga.,  January  9th,  1893. 
The  grant  of  the  right-of-way  through  the  dumping  ground  of  the 
.City  of  Atlanta  as  petitioned  for  by  the  Atlanta  and  Chattahoochee 
River  Railway  Company  is  accepted,  subject  to  the  conditions  specified 
in  the  foregoing  report.  C.  J.  Summons, 

Pres.  A.  and  C'.  River  Railway  Co. 


Heiital  of 
.Tones   avei 
biidse. 


Rental  of  Jones  Avenue  Bridge 


The  rental  to  be  ])aid  by  the  Collins  Vi 
y)any  for  the  right  to  cross  Jones  avenue  I 
two  hundred  dollars  per  annum,  the  same 
stallments  in  advance. 


and  Belt  Railroad  Coni- 
ne is  fixed  at  the  sum  of 
be  I  aid   in  monthly  in- 


Street  Railway  Franchises.  467 

The  said  rental  shall  not  begin  until  the  first  day  of  January,  18!)7, 
the  owners  l)ein«-  allowed  to  use  said  bridge  free  of  charge  until  that 
period. 

The  City  Attorney  and  the  Mayor  shall  prepare  and  have  executed  contract  to  be 

.    ,        ,  /       •  1  -1  1  1.     fxecuted. 

the  necessary  contract  with  the  owners  oi  said  railroad  company  to  „^.^   23,  i896. 
carrv  out  the  terms  of  this  resolution. 


Petition  of  Collins  Park  and  Belt  Railroad  Company  for  Use 
OF  Parts  of  Walton  and  Peachtree  Streets. 

To  the  Honorable  Mayor  and  General  Council  of  tlte  City  of  Atlanta: 

The  petition  of  the  Collins  Park  and  Belt  Railroad  Company  re- 
spectfully asks :  That  it  be  permitted  to  extend  its  line  of  road  from  p^^.^j^^^  ^^^^ 
its  present  terminus  at  the  corner  of  Forsyth  and  Walton  streets  in  Oct.  27,  1897. 
the  City  of  Atlanta,  Georgia,  down  Walton  street  to  Peachtree,  and 
along  Peachtree  street  to  the  old  Artesian  Well;  and  that  it  be  per- 
mitted to  double  track  said  line  from  Forsyth  street  to  its  terminus 
at  the  old  Artesian  Well. 

Inasmuch  as  Mr.  Grant  is  occupying  at  least  one-half  of  the  street 
in  front  of  his  building  on  Walton  street,  if  your  Honorable  Body 
should  grant  this  petition,  petitioner  desires  to  lay  the  eastern  track 
immediately,  or  within  a  reasonable  time,  and  then  when  Mr.  Grant 
removes  the  obstruction  from  the  street  that  petitioner  be  permitted  to 
put  down  the  other  track. 

If  your  Honorable  Body  should  decide  against  allowing  petitioner 
to  put  down  a  double  track,  then  petitioner  prays  the  privilege  of 
putting  down  a  single  track,  w^th  the  privilege  of  putting  a  double 
track  at  the  terminus  of  the  road  so  as  to  have  a  place  where  cars  can 
be  placed,  allowing  one  of  the  ears  to  proceed  from  that  point  without 
having  all  the  cars  in  advance  of  it  to  proceed  at  the  same  time.  In 
other  words,  petitioner  has  no  place  for  shifting  cars 'south  or  east  of 
its  crossing  on  Marietta  street,  and  it  desires  the  privilege  of  having 
a  place  for  shifting  its  cars  located  near  the  center  of  the  city. 

If  the  city  should  decide  not  to  grant  petitioner  the  right  to  double 
track  said  street,  tlien  petitioner  desires  the  right  to  put  down  a  single 
track  as  soon  as  petitioner  can  be  allowed  to  occu])y  the  street.  And 
petitioner  will  ever  pray. 

Collins  Park  and  Belt  R.  R.  Co., 

By  C.  J.  Simmons,  Pres. 

Collins  Park  and  Belt  Railroad  Company  Granted  the  Use  of 
Part  of  Walton  Street. 

Your  committee  on  Electric  and  Other  Railways  has  had  the  within 
[foregoing]  petition  under  advisement  and  recommend  that  petitioners 


468  Street  Railway  Franchises. 


Ado  ted  Feb  ^^  allowecl  to  lay  a  single  track,  to  be  used  for  electric  street  railway 
a^'  roved  ^Veb  P^^poses  oiily,  in  the  middle  of  Walton  street  from  their  present  ter- 
25,  1898.  minus  to  Peachtree  street,  ten  feet  west  of  property  line  on  west  side, 

the  work  to  be  completed  within  twelve  months  from  this  date.     (This 

21st  day  of  February,  1898.) 


The  Collins  Park  and  Belt  Railroad  Com  f any  Granted  the 

Use  of  Certain  Streets  for  Street  Railway  Purposes. 

REPORT  of  the   COMMITTEE. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railroads,  to  whom  was 
submitted  the  petitions  of  the  Collins  Park  and  Belt  Railroad  Com- 
pany, to  construct,  electrically  equip  and  operate  the  lines  of  railway 
in  said  petitions  stated,  beg  to  report  that  it  has  given  the  same  the 
fullest  consideration.  That  it  has  held  repeated  open  sessions  at  which 
the  representatives  of  the  Collins  Park  and  Belt  Railroad  Company 
and  the  Atlanta  Railway  and  Power  Company,  and  of  the  Atlanta 
Railway  Company,  were  heard;  besides  the  representatives  of  citizens 
interested  in  the  territory  affected  by  such  routes,  and  after  the  fullest 
discussion  and  the  most  careful  consideration,  your  Committee  reports 
as  follows : 

Favorably,  that  authority  and  consent  be  given  to  the  Collins  Park 

and  Belt  Railroad  Company,  its  successors  or  assigns,  to  construct, 

electrically  equip  and  operate  its  single  or  double  street  car  tracks  on 

the  following  routes,  viz : 

Commencing  on  Oglethorpe  avenue  at  the  corner  of  Ashby  street,  run- 

Prom  Ogle-       uiug  tliencc  along  Ashby  street  to  Park  street,  thence  along  Park  street 

thorpe  along  /-.  p 

Ashby,  Park,  to  Lee  street,  thence  along  Lee  street  to  Greensierry  avenue,  thence 
ferry,  Chest-  aloug  Grceusferry  avenue  to  Chestnut  street,  thence  along  Chestnut 
Chapel,  Elliott  street  to  Fair  street,  thence  along  Fair  street  to  Chapel  street,  thence 
Mitchell  and  aloug  Chapcl  street  to  Elliott  street  or  Mangum  street,  thence  along 
Elliott  street  or  Mangum  street  to  Mitchell  street,  thence  along  Mitchell 
May  use  street  and  across  Mitchell  street  viaduct  to  Madison  avenue,  using  the 

Mit*cheirand  doublc  tracks  of  the  Atlanta  Railway  and  Power  Company,  or  the  At- 
on  Whitehall,  lauta  Railway  Company,  or  both  said  companies  along  Mitchell  street, 
except  on  said  viaduct,  and  there  on  the  tracks  of  the  City  of  Atlanta, 
in  the  same  manner  and  upon  paying  compensation  therefor  to  the 
Atlanta  Railway  Company  and  to  the  Atlanta  Railway  and  Power 
Company  for  the  use  of  their  respective  tracks  on  Mitchell  street  west 
of  Madison  avenue,  as  provided  in  the  ordinances  granting  said  com- 
panies the  right  to  lay  said  tracks,  and  upon  paying  to  the  said  City  of 
Atlanta  the  rental  hereinafter  specified  in  quarterly  installments,  for 
the  use  of  said  viaduct ;  thence  from  the  corner  of  Mitchell  street  and 


Street  Railway  Franchises.  469 

Madison  avenue,  along  Mitchell  street  to  Whitehall  street,  thence  along 
Whitehall  street  to  its  terminus  at  Whitehall  street  crossing,  with  the 
right  to  condemn  upon  just  compensation,  for  the  purpose  of  reaching 
the  center  of  the  city,  the  use  of,  and  such  interest  as  is  necessary  to 
the  use  of  the  double  tracks  of  the  Atlanta  Railway  and  Power  Compa- 
ny on  Mitchell  street,  between  Madison  avenue  and  Broad  street,  and 
on  Whitehall  street  between  Mitchell  and  Alabama  streets,  in  accord- 
ance with  the  reservations  made  by  the  City  of  Atlanta  in  its  ordinances 
allowing  these  railroads  to  be  electrically  equipped,  the  Mayor  and 
General  Council  adjudging  that  the  necessity  for  such  condemnation 
now  exists. 

The  tracks  to  be  laid  by  the  Collins  Park  and  Belt  Railroad  Com- 
pany on  Mitchell  street,  between  Broad  street  and  Whitehall  street,  to 
be  double  tracks,  and  it  to  lay  a  single  track  on  Whitehall  street  be- 
tween Hunter  and  Alabama  streets  and  to  change  the  location  of  the 
single  track  of  the  Atlanta  Railway  and  Power  Company  on  Whitehall  w^^teha°ii! 
street  between  Hunter  and  Alabama  streets,  condemning  the  right  to  |o°™iiroad^™^ 
use  said  single  track  as  above  provided,  so  that  the  tracks  shall  be  ^™t™'j.^^^,V. 
laid  as  double  tracks  and  be  equally  distant  from  the  sidewalk,  except  ^'" 
on  curves  at  corners.     The  track  on  Whitehall  between  Alabama  and 
the  railroad  to  be  single  or  double,  at  the  option  of  the  Collins  Park 
and  Belt  Railroad  Company,  until  the  viaduct  is  built  or  contracted  for 
or  begun,  when  the  tracks  on  the  portion  of  the  street  to  be  covered 
by  the  viaduct  shall  be  removed  by  the  company  at  its  own  expense, 
or  if  not  removed  in  twenty  (20)  days  after  notice,  then  by  the  city 
at   the  expense  of  the  company.     And  if  the  City  of  xA.tlanta   should 
determine  not  to  build  a  viaduct  over  the  railroad  crossings  on  White- 
hall and  Peachtree  streets  between  Alabama  and  ^Marietta  streets,  and 
the  crossings  at  grade  of  said  Whitehall  and  Peachtree  streets  by  the 
tracks  of  the  railway  company  or  companies  should  be  removed,  obvi- 
ated or  overcome  by  other  means  than  a  viaduct,  through  the  action  of 
the  State,  the  city  or  the  railway  companies,  or  any  one  or  more  of 
said  parties,   so   that  it   would  be   practicable  to  operate   street  cars 
through  this  portion  of  Whitehall  and  Peachtree  streets  without  cross- 
ing the  railway  tracks  at  grade,  then  the  tracks  of  the  company  on  the 
portion  of  Whitehall  and  Peachtree  streets  between  Alabama  and  Ma- 
rietta streets  shall  be  removed  by  the  company,  to  the  extent  necessary  Removal  by 
to  allow  change  of  street  grades,  at  its  own  expense,  or  if  not  removed  ar^fs^'expense. 
in  twenty  (20)  days  after  notice,  then  by  the  city  at  the  expense  of 
the  company. 

Also  to  construct,  electrically  equip  and  operate  a  line  of  double 

•      .  ,  •/  'it  F™'"   limits 

or  single  track  railway,  commencing  at  the  city  limits  on  Decatur  along  Decatur, 
street,  thence  along  Decatur  street  to  Howell  street,  thence  along  How-  Auburn  to 
ell  street  to  Auburn  avenue,  thence  along  Auburn  avenue  to  a  connec- 
tion with  the  line  of  the  Atlanta  Railway  and  Power  Company  on 


470 


Stheet  Kailway  Fkaxchises. 


May  use 
tracks  on 
Peachtree  to 
Edgewood. 


Peachtreet  street,  with  the  right  to  condemn  the  ii>e  of.  and  such  an 
interest  therein  as  may  he  necessary  to  the  use  of,  the  double  tracks  of 
said  Atlanta  Railway  and  Power  Company  on  Peachtree  street,  be- 
tween Auburn  avenue  and  Edgewood  avenue,  upon  the  payment  to 
them  therefor  of  just  compensation ;  the  City  of  Atlanta  in  its  grant 
of  franchise  authorizing  the  consolidating  of  the  franchises  of  the 
Atlanta  Street  Railroad  Company  and  other  street  railroad  companies, 
and  the  electrical  equipment  of  the  lines  of  said  com])anies,  havinir 
reserved  the  right  to  permit  other  street  railroad  companies  to  con- 
demn and  use  said  tracks  in  case  of  necessity,  and  the  Mayor  and  Gen- 
eral Council  of  the  City  of  Atlanta  hereby  adjudging  the  existence 
of  such  necessity  of  condemnation  in  the  present  case,  thence  along 
Peachtree  street  from  the  connection  with  said  tracks,  the  interest 
and  use  in  which  shall  be  condemned  as  aforesaid,  to  its  terminus  at 
the  railroad  crossing,  subject  to  the  condition  as  to  removal  of  tracks 
hereinabove  stated  with  reference  to  Whitehall  street  near  the  viaduct 
or  railroad  crossing. 

Also,  to  construct,  electrically  equip  and  operate  a  line  of  railway 
commencing  at  the  terminus  of  its  present  line  on  Walton  street  across 
Peachtree  street  to  Edgewood  avenue  to  a  connection  with  the  line  last 
above  granted. 

Also,  to  construct,  electrically  equip  and  operate  a  line  of  single  or 
double  track  railway,  commencing  at  the  city  limits  on  Juniper  street, 
thence  along  Juniper  street  to  North  avenue ;  tlienee  along  Xorth 
avenue  to  Courtland  street;  thence  along  Courtland  street  to  Pine 
street ;  thence  along  Pine  street  to  Piedmont  avenue ;  thence  along 
Piedmont  avenue  to  Baker  street;  thence  along  Baker  street,  crossing 
the  tracks  of  the  Atlanta  Railway  and  Power  Company  at  Courtland 
street,  to  Ivy  street ;  thence  along  Ivy  street  to  Decatur  street ;  thence 
across  Decatur  street  diagonally  to  Loyd  street,  and  along  Loyd  street 
to  Wall  street;  thence  along  Wall  street  to  Peachtree  street;  provided. 
the  consent  of  the  State  of  Georgia  and  the  lessees  of  the  Western  and 
Atlantic  Railroad  shall  he  obtained  by  said  company  before  construct- 
ing or  operating  a  line  on  Wall  street ;  with  the  right  to  change  the 
location  of  the  existing  single  track  of  the  Atlanta  Railway  and  Power 
Company  on  Pine  street,  between  Courtland  street  and  Piedmont  axc- 
nue,  and  the  track  and  curve  on  Courtland  street  at  Pine  street,  and 
on  ]*iedmont  avenue  at  Pine  street,  so  tliat  tlie  Colliiis  Park  and  licit 
Railroad  Company  may  lay  its  track  on  said  streets;  and  each  of  said 
two  tracks  on  said  streets  shall  be  ciiually  distant  from  the  sitU'walks. 
except  at  corners,  the  tracks  to  be  such  a  distance  a))art  as  is  usual  with 
double  tracks,  and  to  be  used  by  both  companies  lor  switching  as 
double  tracks.  If  said  Collins  Park  and  Belt  K'ailroad  ("onipany  sIimII 
build  said  line  as  a  double  track  line,  then  it  is  granted  the  use  and 
such  interest  as  is  necessary  tor  the  use  of  said  track  of  said  Atlanta 


From  Walton 
across  Peach- 
tree  to  Edge- 
wood. 


From   limits 
along  Juniper, 
North    avenue, 
Courtland, 
Pine,   Pied- 
mont,  Baker, 
Ivy,   Decatur 
and  Loyd  to 
Wall — also 
along  Wall, 
if  state  and 
W.   &  A.    Rail- 
road lessees, 
consent. 


StKKET    l^AIIvWAY    F){AXCinSKS.  471 

Eailway  and  Power  Company  as  a  part  of  its  line,  in  order  to  reach  the 
center  of  the  city,  upon  first  paying  compensation  to  said  Atlanta 
Railway  and  Power  Company  therefor,  such  condemnation  being; 
necessary  to  permit  the  Collins  Park  and  Belt  Railroad  Company  to 
reach  the  center  of  the  city  with  said  line. 

Also,  to  construct,  electrically  equip  and  operate  a  line  of  single  or 
double  track  railway,  commencing  on  Luckie  and  Hunnicutt  streets :  ,'!^;",'"jjj"„"g"'' 
thence  along  Luckie  street  to  Alexander  street,  cvumecting  at  Alexan-  A^exandlr. 
der  street  with  the  present  lino  of  the  Collins  Park  and  Belt  Railroad 
Company. 

Also,  to  construct,  electrically  equip  and  operate  a  line  of  single  or 
double  track  railway,  commencing  at  the  city  limits  on  Pulliam  street;  ll^,'^'^  Pulnam, 
thence  along  Pulliam  street  to  Dodd  avenue ;  thence  along  Dodd  ave-  ^n^cf'^Loyr'to^ 
nue  to  Loyd  street ;  thence  along  Loyd  street  to  Mitchell  street,   con-  Hunt'er,^  °and 
necting  with  the  line  hereinafter  granted  to  the  Collins  Park  and  Belt  eirof^Hmue?" 
Railroad  Company  along  Mitchell  street.     If  said  company  is  forced  ^°  ^^'"tciiaii. 
to  use  the  alternative  route  on  Hunter  street,  then  the  Collins  Park 
and  Belt  Railroad  Company  is  granted  the  right  to  extend  this  route 
to  Hunter  street,  and  make  its  connection  there,  as  above;  with  the 
right  to  change  the  single  track  of  the  Atlanta  Railway  and  Power 
Company  on  Loyd  street,  from  Fair  to  Mitchell  or  Hunter  streets,  as 
it  may  I)o  Iniilt.  so  as  to  allow  the  laying  of  the  track  of  the  Collins 
Park  and  Belt  Railroad  Company  on  said  street ;  thence  along  Mitchell 
or  Hunter  to  Whitehall  street;  the  said  tracks  to  be  equally  distant 
from  the  sidewalk,  excepting  at  curves  at  corners,  and  to  be  laid  in  the 
same  manner  as  double  tracks.     If  said  Collins  Park  and  Belt  Rail- 
road Company  shall  build  said  line  as  a  double  track  line,  then  it  is 
granted  the  right  to  condemn  the  use,  and  such  interest  as  is  necessary 
for  the  use,  of  said  track  of  said  Atlanta  Railway  and  Power  Company 
as  a  part  of  its  line,  in  order  to  reach  the  center  of  the  city,  upon  first 
paying  compensation  to  said  Atlanta  Railway  and  Power  Company 
therefor,  such  condemnation  being  necessary  to  permit  the    Collins 
Park  and  Belt  Railroad  Company  to  reach  the  center  of  the  city  with 
said  line. 

Also,  to  construct,  electrically  equip  and  operate  a  line  of  single  or 
double  track  railway,  commencing  at  Grant  Park  at  the  corner    of  From  l.  p. 
Cherokee  avenue  and  Augusta  avenue ;  thence  along  Augusta  avenue  along-  Aut^sta 
to  Grant  street ;  thence  along  Grant    street    to    Woodward    avenue ;  woodward'ave- 
thence  along  Woodward  avenue  to  Capitol  avenue ;  thence  along  Capi-  "veAue.Tapi- 
tol  avenue  to  Capitol  Square ;  thence  along  Capitol  Square  to  Mitchell  Mitcheli'^'to 
street;  thence  along  Mitchell  street  to  Loyd  street,  connectine:  with  the   °'  ' 
line  above  granted,  with  the  right  to  change  the  location  of  the  existing 
track  of  the  Atlanta  Railway  and  Power  Company  on  Capitol  avenue, 
between  Woodward  avenue  and  Fair  street,  so  as  to  allow  the  laying  of 
the  track  of  the  Collins  Park  and  Belt   Railroad    Company   on   said 


472  Street  Eailway  Franchises. 

street ;  the  said  tracks  to  be  equally  distant  from  the  sidewalk,  except- 
ing at  curves  and  corners,  and  to  be  laid  in  the  same  manner  as  double 
tracks.  If  said  Collins  Park  and  Belt  Railroad  Company  shall  build  said 
line  as  a  double  track  line,  then  it  is  granted  the  right  to  condemn  the 
use,  and  such  interest  as  is  necessary  for  the  use,  of  said  track  of  said 
Atlanta  Railway  and  Power  Company  as  a  part  of  its  line,  in  order  to 
reach  the  center  of  the  city,  upon  first  paying  compensation  to  said 
Atlanta  Railway  and  Power  Company  therefor,  such  condemnation 
being  necessary  to  permit  the  Collins  Park  and  Belt  Railroad  Com- 
pany to  reach  the  center  of  the  city  with  said  line. 

In  the  event  the  building  of  the  above  line  along  Mitchell  street  shall 
l)e  prevented  by  injunction,  the  alternative  right  is  given  to  construct, 
U)"]  avmue^and  elcctrically  equip  and  operate  said  line  from  the  corner  of  Capitol  ave- 
ak)ng°  cfpitoi'  nue  and  Capitol  Square,  along  Capitol  avenue  to  Hunter  street ;  thence 
tJ™a"nd*HOTtei-  aloug  Hunter  street  to  Whitehall  street,  connectino:  with  the  line  above 
to  Whitehall,    gpanted  on  Whitehall  street,  with  the  right  to  change  the  location   of 
the  existing  track  of  the  Atlanta  Railway  and    Power    Company    on 
Hunter  street,   between   Capitol  avenue  and  Pryor  street,  so  as  to 
allow  the  laying  of  the  track  of  the  Collins  Park  and  Belt  Railroad 
Company  on  said  street;  the  said  tracks  to  be  equally  distant  from  the 
sidewalk,  except  at  curves  at  corners,  and  to  be  laid  in  the  same  man- 
ner as  double  tracks.     If  the  said  Collins  Park  and  Belt  Railroad 
Company  shall  build  said  line  a  double  track  line,  then  it  is   granted 
the   right   to   condemn   the  use,   and   such   interest   as   is   necessary 
for  the  use,  of  said  track  of  said  Atlanta  Railway  and  Power  Company 
as  a  part  of  its  line,  in  order  to  reach  the  center  of  the  city,  upon  first 
paying  compensation  to  said  Atlanta  Railway  and  Power  Company 
therefor,  such  condemnation  being  necessary  to    permit    the    Collins 
Park  and  Belt  Railroad  Company  to  reach  the  center  of  the  city  with 
said  line. 

The  Collins  Park  and  Belt  Railroad  Company,  its  successors  and 
$500  rental  foi  assigus,  shall  pay  as  rental  for  the  use  of  the  Mitchell  street  viaduct 
Mitchell  street,  five  hundred  ($500.00)  dollars  per  year,  payable  in  installments  of 
num^  for  eacii  ouc-f ourth  of  Said  sum  at  the  end  of  each  quarter  after  beginning  the 
use  of  said  viaduct.  This  payment  shall  be  made  in  full  for  the  use 
of  said  viaduct  by  said  Collins  Park  and  Belt  Railroad  Company,  so 
long  as  it  operates  not  more  than  ten  cars  on  its  lines  over  said  via- 
duct. For  every  car  over  ten  so  operated,  it,  or  its  successors  or  as- 
sign's, shall  pay  said  city  at  the  rate  of  fifty  ($50.00)  dollars  per  year, 
during  the  continuance  of  such  operating.  Extra  ears  on  special  occa- 
sions to  go  free. 

'No  purchase  or  sale  by  the  Collins  Park  and  lu'lt  Railroad  Com- 
pany, its  successors  and  assigns,  of  any  of  its  lines,  or  of  the  lines  of 
any  other  street  railway  company,  shall  work  a  consolidation  of 
these  lines  so  as  to  reduce  the  nniinnl  rental  to  he  ])aid  to  the  City  of 


car  over  ten. 


Consolida- 
tion not  to 
reduce   rental? 


Street  Railway  Franchises.  473 

Atlanta  by  either  of  said  companies  for  the  use  of  tracks  over  this 
viaduct  required  to  be  paid  by  each  of  said  companies  as  separate  com- 
panies or  lines.  Payment  to  be  secured  by  bond  with  good  security,  in 
the  sum  of  one  year's  rental,  and  the  city  to  have  the  right  to  require 
other  and  additional  security,  from  time  to  time,  in  the  discretion  of 
the  Mayor  and  General  Council,  either  to  secure  the  payment  of  said 
rental,  or  for  the  indemnifying  said  city  against  loss  on  account  of 
judgments  or  suits  for  damages  to  persons  or  property,  resulting  from 
the  operation  of  the  cars  or  machinery  of  said  company,  or  its  suc- 
cessors or  assigns.  In  case  of  failure  on  the  part  of  said  Collins  Park 
and  Belt  Eailroad  Company,  or  its  successors  or  assigns,  to  pay  any 
such  installment  of  rent  when  due,  the  right  of  said  company,  or  its  reli'taL''  o?  da^m- 
successors  or  assigns,  to  cross  said  viaduct  with  its  cars  and  machinery  oPviaduct."^^ 
shall  immediately  cease;  and  the  same  result  shall  follow  the  failure 
or  refusal  of  said  company,  or  its  successors  or  assigns,  to  pay  ofE  any 
judgment  or  decree  against  the  City  of  Atlanta  for  damages  resulting 
from  the  operation  thereon  of  the  cars  or  machinery  of  said  company, 
its  successors  or  assigns,  within  ten  days  after  the  payment  thereof  by 
said  city,  and  notice  of  such  payment  to  said  company,  its  successors 
or  assigns. 

The  amount  of  rental  so  stipulated  is  intended  to  be  the  price  exacted 
by  the  city,  and  paid  by  said  Collins  Park  and  Belt  Eailroad  Com- 
pany, its  successors  or  assigns,  for  the  annual  use  of  the  tracks  across 
said  viaduct,  while  the  present  system  of  applying  electricity  as  a  motor 
for  street  cars  is  in  use,  and  for  a  period  not  exceeding  fifty  years,  after 
which  time  the  City  of  Atlanta    may    increase    the    rate    of    annual 
rentals;  said  company,  its  successors  or  assigns,  to  be  at  no  expense 
for  keeping  the  track  in  repair  while  the  viaduct  stands  and  is  in  con- 
dition for  such  use.     Notice  of  any  necessity  for  repairs  to  be  given 
the  city  in  writing  by  the  company,  its  successors  or  assigns,  which  feels'^  must  be 
shall  not  run  cars  over  the  tracks  on  said  viaduct  while  in  an  unsafe  fricks  not' u^sed 
condition.     But  the  City  of  Atlanta  is  not  to  be  bound  to  rebuild  said  """^  '^^p^^'^^- 
viaduct  in  case  of  its  destruction,  or  when  it  is  worn  out ;  nor  is  said  city  not  bound 
City  of  Atlanta  to  be  bound  to  adjust  said  viaduct  or  tracks  to  newer 
discoveries  in  the  use  of  electricity,  nor  to  bear  any  expense  on   that 
account;  nor  to  be  bound  for  damages  to  persons  or  property  injured 
by  said  company,  its  successors  or  assigns,  in  the  use  of  said  tracks  in 
any  event,  but  in  every  such  case  the  damages  are  to  be  paid  by   the 
company,  its  successors  or  assigns. 

The  city  reserves  the  right  to  let  other  railway  componies  pass  over 
said  viaduct  and  use  said  Mitchell  street,  without  affecting  the  rental  qtiier  compa- 
to  be  paid  by  the  Collins  Park  and  Belt  Railroad  Company,  its  sue-  vi!du™t^^on"^^ 
cessors  or  assigns,  for  the  use  of  said  viaduct ;  such  further  permission, """ 
however,  to  preserve  to  the  Collins  Park  and  Belt  Railroad  Company, 
its  successors  or  assigns,  the  use  of  said  viaduct  as  herein  granted,  as 


474  Street  Kailway  Franchises. 

Jong  as  it  complies  with  the  terms  of  this  grant,  and  not  beyond  the 
period  covered  thereby,  and  such  use  by  the  Collin-^  Park  and  Belt 
Railroad  Company,  its  successors  or  assigns,  not  to  be  exclusive. 

These  grants  of  power  and  authority  are  made  on  the  conditions 
hereinafter  named. 

In  addition  to  the  conditions  hereinafter  prescribed  and  those  here- 
Aii  former  con-  toforc  prescribed  in  general  ordinances,  as  to  the  regulation  of    the 
Sd^  *■'''       laying  of  tracks  and  conduits,  the  setting  of  poles,  stringing  of  wires, 
regulating  the  speed  of  cars  and  other  running  and  supervisory  regu- 
lations, the  taxing  of  the  property  of  street  railway  companies,  the 
levying  of  occupation  taxes,  and  the  levying  and  collection  of  assess- 
ments for  street  paving,  repaving  and  rejiairs.  and  all  similar  require- 
ments now  existing  or  which  may  be  liereafter  made  by  the  cliarter  or 
ordinances  of  said  city,  the  right  is  expressly  hereby  reserved  in  favor 
of  said  city  and  against  the  Collins  Park  and  Belt  Railroad  Company, 
its  successors  and  assigns,  for  the  city  to  require  and  enforce  the  pay- 
ma!v\rtax?ed  mcut  of  a  portiou  of  the  gross  receipts  of  said  companv,  its  successors 
rjer^cent.*'"''"  Or  assigus,  from  fares  for  carrying  passengers,  not  exceeding,  during 
fir  exph-ation'  the  life  of  thcsc  grants,  which  is  fixed  at  fifty  years  from  the  date  of  ap- 
Ma.r2?*i89i    proval  by  the  Mayor,  five  (5%)  per  centum  annually  of  such  receipts, 
ConsoMafed      into  the  trcasurv  of  said  city,  for  its  use,  from  and  after  the  date  of  the 
street  Railway  g^p- ^.j^^-^j^  ^f  ^j^g  grauts  made  to  or  for  the  use  of  the  Atlanta  Consoli- 
dated Street  Railway  Company,  which  were  approved  on  the  twentieth 
day  of  May,  1891,  which  payment  from  gross  receipts  shall  be  in  addi- 
tion to  all  other  taxes  and  assessments  wliich  may  then  be  required  of 
said  company,  its  successors  or  assigns.  The  amount  of  such  percentage 
so  to  be  paid  to  be  fixed  by  the  Mayor  and  General  Council,  or  governing 
authority  of  the  City  of  Atlanta  ;  but  no  such  payment  shall  be  required 
unless  at  the  time  the  same  shall  be  likewise  required,  and  payment 
thereof  enforced,  from  the  Atlanta  Railway  and  Power  Company,  their 
other  compa-  succcssors  or  assigns,  and  all  other  persons,  firms  or  corporations  own- 
pay  same  tax  ing  or  Operating  street  railways  or  street  railway  lines  within  tlu'  lim- 
ceip^  ""'      its  of  the  City  of  Atlanta,  as  to  which  the  City  of  Atlanta  can  tlicn 
legally  enforce  the  requirement  of  a  payment  into  the  City  Treasurv 
of  a  percentage  of  gross  receipts  from  fares,  as  hereinabove  provided 
for. 

Wherever  any  of  the   lines   above   granted  conflict  with    any   grant 
heretofore  made  by  the  Mayor  and  General  Council,  which  grants  are 

Previous  grants  ■  "  -         ,     .      .  ,  -.      ,.,•, 

to  Atlanta        now  ratified  and  adiudged  to  be  valid  and  subsisting  grants,  and  still 

Railway   Co.  .jo  i  ■    i  i   •    i  •  i 

preserved  for     jn  forcc,  this  grant  is  made  witliout  i)re)U(li('e  to  the  rights  winch  saui 

six   months.  "  n-        'n       i  i    d    i      i>      i  i    /> 

former  grantees  have;  and  saul  (  olliiis  l^irk  and  belt  Kailrt)a(l  t  oin- 
pany,  its  successors  or  assigns,  by  accepting  any  of  th(>  grant-  herein, 
thereby  recognizes  the  validity  of  said  grants  to  the  Athmta  K'aihvay 
Company,  and  is  not  to  undertake  to  l)iiil(l  on  any  street  which  was 
embraced  in  tlie  grant  to  the  .Atlanta  Railway  Company,  of  date  Oe- 


Street  Railway  Fhaxchises.  475 

tober  19,  1898,  for  the  term  of  six  months  after  the  approval  by  the 
Mayor  of  the  grants  herein  given,  except  as  to  such  streets  and  parts 
of  streets  where  the  right  to  allow  other  companies  to  run  on,  or  to  use 
the  tracks  of  said  Atlanta  Railway  Company,  is  reserved  in  said  grant ; 
as  to  these  streets  or  parts  of  streets,  the  Collin?  Park  and  Belt  Rail- 
road Company,  its  successors  or  assigns,  may  proceed  at  once  to  build 
its  lines ;  provided,  that  if  it  shall  so  build  any  of  these  excepted  por- 
tions of  the  routes  granted  to  the  Atlanta  Railway  Company,  the 
rights  of  the  Atlanta  Railway  Company,  its  successors  or  assigns,  shall 
not  be  affected  thereby. 

Should  the  City  of  Atlanta  determine  to  erect  a  viaduct  or  bridge 
across  the  Whitehall  street  crossing,  which  can  be  used  by  vehicles, 
the  right  to  use  said  viaduct  for  its  street  cars,  on  tracks  to  be  laid  by  jia^n  vTaduc-n^' 
the  city  thereon,  is  hereby  granted  to  the  Collins  Park  and  Belt  Rail- mMo^  ^^' 
road  Company.  In  consideration  whereof,  and  the  grant  of  these 
franchises,  the  Collins  Park  and  Belt  Railroad  Company,  its  success- 
ors or  assigns,  will  pay,  on  the  letting  of  a  contract  to  build  such  via- 
duct, to  the  City  of  Atlanta,  the  sum  of  fifty  thousand  ($50,000.00) 
dollars,  which  will  be  in  full  of  all  future  rentals  on  said  viaduct  by 
said  company,  its  successors  or  assigns ;  and  the  sum  of  fifty  thou- 
sand ($50,000.00)  dollars  is  hereby  made  a  charge  upon  all  of  the 
lines  of  the  said  Collins  Park  and  Belt  Railroad  Company,  its  suc- 
cessors and  assigns,  which  may  be  built  under  this  grant,  superior  to 
all  other  charges,  except  taxes^  and  may  ])e  enforced  against  the  same 
by  the  said  City  of  Atlanta,  by  proper  legal  or  equitable  proceedings. 

Should  the  citv  fail,  or  not  desire,  to  lav  said  tracks  on  said  viaduct, , 

"  -  If   grade   cross- 

the  Collins  Park  and  Belt  Railroad  Company,  its  successors  or  assigns,  ins:  obviated 

J^       •  '  o  must    pay 

shall  have  the  right  to  do  so,  and  to  use  the  same;  the  original  cost  •'?5o,ooo. 
thereof  to  be  in  part  payment  of  said  fifty  thousand  dollars. 

The  said  Collins  Park  and  Belt  Railroad  Company,  its  successors  or 
assigns,  shall  be  at  no  expense  for  keeping  the  track  in  repair  while  ^'^^^^^^  J^*^"^?;. 
the  viaduct  stands  and  is  in  condition  for  such  use.     N"otice  of    anv  "^"^^  '"  repairs 

•    upon    notice. 

necessity  for  repairs  to  be  given  the  city  in  writing  by  the  company, 

its  successors  or  assigns,  which  shall  not  run  cars  over  the  tracks  of  f,^^%"^f,/"„„. 

said  viaduct  while  in  an  unsafe  condition.  ■''^^■ 

But  the  City  of  Atlanta  is  not  to  be  bound  to  rebuild  the  said  via- 
duct in  case  of  destruction,  or  when  it  is  worn  out,  nor  is  the  said  city  not  bound 
City  of  Atlanta  to  be  bound  to  adjust  said  viaduct  or  tracks  to  newer  1°  coSm"?o 
discoveries  in  the  use  of  electricity,  or  to  bear  any  expense  on    thai  ,"rin  ule°o7" 
account,  nor  to  be  bound  for  damages  to  persons  or  property  injured  ''^'"^^""^y. 
by  said  company,  its  successors  or  assigns,  in  the  use  of  said  track? 
in  any  event ;  but  in  every  such  case  the  damages  are  to  be  paid  by  the 
company,  its  successors  or  assigns.     The  city  reserves  the  right    to 
allow  other  railway  companies  to  pass  over  said  viaduct,  and  to    use  nies^ma'>°'^se" 
Peachtree  street,  from  Auburn  avenue  south,  and  Whitehall  street,  Mme"'"t*erms, 


476 


Street  Railway  Franchises. 


May  also  use 
tracks  of  this 
company  Ma- 
rietta to  Ala- 
bama, but  to 
pay  rentals. 


$50,000  to  be 
paid  city  for 
privilege    of 
using    streets 
from   Marietta 
to  Alabama 
where    grade 
crossing   obvi- 
ated. 


Other    compa- 
nies may  use 
this  portion  of 
streets    named 
on  same  terms. 


from  Alabama  street  south  to  Mitchell  street,  and  the  tracks  of  said 
Collins  Park  and  Belt  Railroad  Company  thereon,  in  order  to  reach 
said  viaduct ;  such  permission,  however,  to  preserve  to  the  Collins  Park 
and  Belt  Railroad  Company,  its  successors  and  assigns,  the  use  of  said 
viaduct  and  said  streets,  as  and  for  the  period  herein  granted,  so  long  as 
it  complies  with  the  terms  of  this  grant ;  such  use,  however,  not  to  be 
exclusive.  And  in  the  event  said  city  shall  permit  any  other  com- 
pany to  use  such  viaduct  and  the  tracks  thereon,  the  same  shall  be 
upon  the  condition  that  the  company  so  using  shall  be  required  to  pay 
an  equal  amount  to  that  required  to  be  paid  by  the  Collins  Park  and 
Belt  Railroad  Company,  or  the  equivalent  of  said  sum,  in  annual 
rental  to  the  City  of  Atlanta,  of  five  per  centum  per  annum  on  fifty 
thousand  dollars,  and  a  proper  sum  for  the  use  of  said  tracks  on 
Peachtree  and  Whitehall  streets,  between  Auburn  avenue  and  Mitchell 
street,  as  aforesaid;  the  amount  to  be  fixed  by  the  Mayor  and  Gen- 
eral Council.  Said  sums  collected  for  the  use  of  said  viaduct  to  be 
paid  to  the  City  of  Atlanta  for  its  use,  and  sums  collected  for  the  use 
of  its  tracks  to  be  paid  to  said  Collins  Park  and  Belt  Railroad  Com- 
pany, its  successors  and  assigns,  for  its  or  their  use. 

In  the  event  that  no  viaduct  is  built  on  Whitehall  and  Peachtree 
streets,  covering  the  railroad  tracks  between  Alabama  and  ^larietta 
streets,  but  the  crossing  at  grade  of  said  streets  by  the  railroad  tracks 
is  obviated,  removed  or  overcome,  through  the  action  of  the  State,  the 
city  or  the  railroad  companies,  or  any  one  or  more  of  these  parties,  so 
as  to  make  it  practicable  for  street  railway  cars  to  be  operated  over 
this  portion  of  Whitehall  and  Peachtree  streets,  without  crossing  rail- 
road tracks  at  grade,  said  Collins  Park  and  Belt  Railroad  Company,  or 
its  successors  or  assigns,  shall  pay  to  the  City  of  Atlanta  the  sum  of 
fifty  thousand  ($50,000.00)  dollars  for  the  privilege  of  constructing 
and  connecting  tracks  and  operating  street  cars  on  those  portions  of 
Whitehall  and  Peachtree  streets,  which  sum  shall  be  in  full  of  rental 
for  this  portion  of  said  streets  forever,  and  the  said  sum  of  fifty  thou- 
sand dollars  is  hereby  made  a  charge  on  all  the  lines  of  the  Collins 
Park  and  Belt  Railroad  Company,  its  successors  and  assigns,  which 
may  be  built  under  this  grant,  superior  to  all  other  charges,  except 
taxes,  and  may  be  enforced  against  the  same  by  the  City  of  Atlanta 
by  proper  legal  or  equitable  proceedings. 

The  city  reserves  the  right  to  allow  other  railway  companies  to  pass 
over  these  portions  of  these  streets,  and  to  use  Peachtree  street  from 
Auburn  avenue  south,  and  Wliitehall  street  from  Alabama  street 
south  to  Mitchell  street,  upon  the  payment  to  the  City  of  Atlanta  by 
said  other  companies,  or  each  of  said  other  companies,  of  the  same 
sum  of  fifty  thousand  ($50,000.00)  dollars  for  such  use,  or  upon  the 
payment  of  annual  rentals,  which  shall  he  ('(|iiival('iit  to  five  per  centum 
(5%)  per  annum  upon  said  sum  of  lifty  tliousaiul  dollars,  and  upon 


Street  Railway  Franchises.  477 

the  payment  to  the  Collins  Park  and  Belt  Railroad  Company,  its  suc- 
cessors and  assigns,  of  just  compensation,  to  be  fixed  by  the  Mayor  and 
General  Council,  for  the  use  of  their  tracks  on  Whitehall  street  be- 
tween Mitchell  and  Alabama  streets,  and  on  Peachtree  street  be- 
tween Marietta  street  and  Auburn  avenue. 

The  said  Collins  Park  and  Belt  Railroad  Company,  or  its  successors 
or  assigns,  shall  begin  the  building  of  the  lines  herein  granted  within  ?|^'i^  ^^^l^' 
four  months  from  the  approval  of  this  grant,  and  shall  complete  said  ["omjl'lte^ln 
lines  within  twelve  (12)  months  after  the  approval  of  this  grant,  ex- ^Yul'^lxc'^pUons 
cept  the  time  lost  in  consequence  of  legal  delays  occasioned  by  litiga-  "'""'''^■ 
tion  against  said  company,  its  successors  or    assigns,    shall    not    be 
counted  as  against  said  company  as  to  the  lines  affected  by  such  delays, 
and  except  as  to  such  lines  as  may  be  affected  by  prior  grants  to  other 
companies,  such  time  shall  run  from  the  expiration  of  such  grants. 

The  style  of  the  rail  to  be  used  by  said  company,  in  making  said  Rails  approved 
extensions,  shall  be  subject  to  approval  by  the  Committee  on  Electric  Raiirold^com- 
and  Other  Railways,  and  shall  be  changed  by  said  company  at  its  own  chan^ed^  when 
expense,  when  the  paving  or  repaving  of  a  street,    or   portion    of    a  opinio"V" 
street,  or  the  safety  of  the  street,  requires  it,  in  the  judgment  of  said  *^°'"™' 
committee.     And  the  erection  by  said  company  of  its  trolley  wires  and  other  work  un- 
other  construction  and  appliances  for  operating  its  cars  shall  be  done  vfsion.  ^  ""^^ 
under  the  supervision  of  the  Committee  on  Electric  and  Other  Rail- 
ways and  the  Committee  on  Electrical  Control,  and  shall  be  done 
wholly  at  the  expense  of  said  company.     And  the  trolley  system  may 
be  discontinued,  as  provided  for  in  the  grants  to  other  street  railways,  may  be  discon- 
The  city  reserves  the  right  to  prescribe  location  of  poles,  wires    and  dangerous. 
tracks,  and  to  require  the  change  of  such  location  when  necessary,  in 
the  discretion  of  the  Mayor  and  General  Council,  at  the  expense  of 
the  company. 

Said  Collins  Park  and  Belt  Railroad  Company  to  take  the  privi- 
leges herein  granted,  subject  to  all  laws  and  ordinances  now  in  force,  to  present  and 
and  which  may  hereafter  be  enacted  or  ordained,  regulating  the  build-  ordinances. 
ing  and  operating  of  electric  street  railways  or  the  crossing  of  bridges, 
in  said  city,  and  especially  with  reference  to  speed,  etc.,  on  bridges  and 
elsewhere  in  said  city. 

The  grant  of  privileges  herein  made  is  subject  to  the  condition  that 
the  Collins  Park  and  Belt  Railroad  Company  shall  pay  to  the  City  of  paving, "  repav- 
Atlanta,  for  itself  and  abutting  property  owners,  the  value  of  all  bel-  ?f  eleven  feet 
gian  blocks  or  other  pavements  on  the  streets  occupied  by  it  under  this  streets. 
grant  for  the  width  prescribed  by  law,  the  value  of  such  paving  to  be 
ascertained  and  fixed  by  the  Mayor  and  General  Council,  and  the 
same  to  be  a  first  lien  and  charge  upon  the  tracks  so  laid  on  such  streets 
until  such  sum  is  paid,  which  said  payment  shall  be  made  for    each 
route  before  the  paved  street  is  opened  or  occupied. 

This  grant  is  made  on  the  further  condition,  also,  that  the  said 


"CTNIVFIRSITY 


478  Street  Kailway  Franchises. 


Pay  propeitv 


Collins  Park  and  Belt  Railroad  Company,  and  its  successors  or 
Tnd  occupation  agsigns,  sliall  be  liable  for  taxes  on  its  property  and  for  occupation 
taxes  on  its  business,  as  other  taxable  property  in  said  city  is  taxed, 
and  as  other  street  railway  companies  are,  or  may  be,  required  to  pay 
occupation  taxes,  and  shall  also  pay  assessments  for  paving  and  repay- 
ing streets  and  portions  of  streets  occupied  by  the  tracks  of  said  com- 
pany, made  under  the  authority  of  the  charter  of  said  city,  as  now 
existing  or  hereafter  amended. 

This  grant  is  made  on  the  further  condition,  also,  that  the  City  of 

Atlanta  reserves  the  right  to  condemn  such  portions  of  each  and  all  of 

Right  reserved  ggid  Hncs,  not  exceeding  five  (5)  blocks  at  anv  one  place,  as  may  be 

to  condemn  five  "^  „      ,        i,  r  in  in  -i      i- 

blocks  at  any  neccssarv  in  the  iudgment  of  the  Mayor  and    (jeneral    Louncu    tor 

one  place  on  ■  '         -  .  '      ,         n  i       ^  l-  v  i-\ 

all  these  lines  allowing;  othcr  street  car  companies  to  enter  the  central  portion  ot  the 

for    approaches  °  .  i/(ii-t>i  it:jH- 

to  central  per-  ^ity,  upou  payment  of  just  compensation  to  the  C  ollms  1  ark  and  _neit 
Eailroad  Company,  its  successors  or  assigns. 

This  grant  is  made  on  the  further  condition  that  the  charge  for  fare 
for  a  sinde  passenger,  from  anv  point  on  the  lines  of  said  company  to 

Fares  not  to  &       i  e      '  -    i  •   i  •       ,  i       i  •      -j.        p   ,1 

exceed  5  cents,  ^ny  other  point  on  the  lines  of  said  company,  withm  the  limits  ot  the 
City  of  Atlanta,  as  now  or  hereafter  defined,  shall  not  exceed  five  (5) 
cents,  except  on  cars  that  may  be  run  after  midnight  and  before  five 
o'clock  a.  m.,  for  which  fares  for  single  passengers,  as  aforesaid,  shall 
not  exceed  ten  cents. 

This  grant  is  made  on  the  further  condition  that  the  City  of  At- 

Poiice   reguia-  ^^^^^  Tcserves  the  right,  under  its  police  power,  to  make  and  enforce, 

eJTforceT^  ''^  ^^0™  ^"^^^'  ^^  time,  all  needful  regulations  concerning  the  manner  of 
the'  use  of  tracks  when  they  cross  each  other,  and  where  two  or  more 
companies  use  the  same  tracks,  or  use  parallel  or  double  tracks  at  the 
same  point  in  the  same  street  or  streets. 

This  grant  is  made  on  the  further  condition  that  said  Collins  Park 
and  Belt  Railroad  Company,  before  beginning  to  do  any  work  under 

fSred!'""*^  these  grants,  shall  execute  a  bond  in  the  sum  of  forty  thousand 
($40,000.00)  dollars,  payable  to  the  City  of  Atlanta,  with  security  to 
be  approved  by  the  Mayor,  conditioned  for  the  payment  of  said  sum 
of  forty  thousand  ($40,000.00)  dollars  as  liquidated  damages  resulting 
in  favor  of  the  City  of  Atlanta  against  said  Collins  Park  and  Belt 
Raili'oad  Company,  its  sureties,  successors  and  assigns,  upon  the  fail- 
ure by  said  C'ollins  Park  and  Belt  Railroad  Coini)any,  its  successors  or 
assigns,  to  l)uil(l  each  and  all  of  tlic  lines  of  railway  (Icscrihed  in  these 
grants,  within  the  time  limited  thei-ein,  cxcciit  thai  failure  to  huild 
any  one  or  more  of  the-e  lines  resultiiti:'  Irom  injunction  against  said 
company,  its  successors  or  assigns,  or  resulting  from  the  fact  that  anv 
one  or  more  of  said  lines  shall  Ik-  huill  hv  any  cnmpany  having  a  prior 
grant  to  the  same  route,  shall  not  make  said  company,  its  successoi-s  or 
assigns  liable  in  damages  as  |o  the  lines,  the  huihling  of  which  is  thus 
prevented. 


Street  Eailway  Fraxchises.  479 


dition,  also,  that  the  fact  that  they  are  made  to  the  Collins  Park  and  ^^^^3°'^^^'^. 
Belt  Eailroad  Company,  its  successors  or  assigns,  shall  not  be  con- 
strued so  as  to  authorize  the  sale  of  these  grants,  or  any  of  them,  in  ad- 
vance of  the  building  of  the  proposed  lines,   or   any   of   them,   except  ^^^21,  im. 
such  as  the  company,  or  its  successors,  may  be  prevented  from  build-  concurred  in 
ing  by  injunction,  or  the  exercise  by  other  companies,  or  another  com-  fg"^!"*'  ^'' 
panv,  of  the  rifflit  to  I)uil(l  anv  >iu-h  line  or  lines  under  grants  of  prior  Approved  au- 
date  to  these  grants.  Rust  23, 1399. 

Modification  of  Grant  of  August  23,  1899,  to  Collins  Park  and 
Belt  Railroad  Company. 

.Resolved,  That  the  grant  made  to  the  Collins  Park  and  Belt  Eail- 


the  line  of  street  railway  on  Luckie  street,  between  Alexander   street  ^'"^'''^  streets. 

and  Hunnicutt  street,  nor  on  Pine  street,  Piedmont  avenue  or  Baker 

street,  mentioned  in  said  grant ;  and   that   the   time   within  which   it  Extension  of    • 

shall  be  bound  to  commence  or  complete  its  line  on  Juniper  street,  t^^eghi To'' ^ 

Xorth  avenue  or  Courtland  street,  shall  not  begin  to  run  until  it  shall  sai"d*s7relts" 

have  been  granted  and  have  accepted  a  route  connecting  the  proposed 

line  on  said  three  last  named  streets  with  its  accepted  lines,  and  that  ^""'^  modified. 

the  $-tO,000.00  bond,  required  In-  said  first  named  grant,  be  condi  •  41-° 2!'is99.''*°" 

fioned  to  build  the  lines   (other  than  the  ones  above  named)   on  the  oXbirl '" 

streets  designated  therefor,  or  such  other  streets  as  may,  with  the  con-  Approved  octo- 

Fent  of  the  city,  be  substituted  therefor.  '  ^"  ^'  '^^^• 

The  grant  first  above  named,  and  all  of  the  terms,  to  remain  un- 
ehanged,  except  as  hereby  modified. 


Grant  to  Edwin  P.  Ansley. 


The  Use  of  Certain  Stiseets  Granted  to  Edwin  P.  Ansley. 
report  of  committee. 

To  tJie  IlonorahJe  Maj/or  and  General  Council  of  the  Citij  of  Atlanta: 
Your  Committee  on  Electric  and  Other    Railroads,    to    which   was 
referred  the  iietition  of  Edwin  P.  Anslev  for  certain  street    railway  ^"®'^-^'  ^^" 

^  .  .7   Line. 

franchises,  which  petition  and  an  amendment    thereto    are    herewith 
submitted,  resjiectfully  reports  thereon  as  follows: 

Favorably,  that  authority  and  consent  be  granted  said  Edwin  P. 
Ansley,  his  associates  and  successors,  to  construct,  electrically  equip 
and  operate  a  street  passenger  railway  on,  along  and  over  the  routes 


480 


Street  Kailway  Franchises. 


Limits  along 
Ashby,    Greens- 
ferry,     Holder- 
ness,    Gordon, 
Grady,    Ogle- 
thorpe, Gard- 
ner,   Gordon, 
Glenn,    Stewart 
avenue   to   lim- 


hereinafter  stated,  upon  the  conditions  now  and  hereafter  imposed  hy 
the  General  Ordinances  of  the  City  of  Atlanta,  and  also  n])on  the  spe- 
cial conditions  hereinafter  named. 

Beginning  at  the  intersection  of  Ashby  street  with  the  city  limits, 
and  running  thence  south  along  Ashby  street  to  Greensferry  avenue; 
(hence  west  along  Greensferry  avenue  to  Holderness  street;  thence 
along  Holderness  street  to  Gordon  street;  thence  along  Gordon  street 
to  Grady  street;  thence  along  Grady  street  to  Oglethorpe  street; 
thence  along  Oglethorpe  street  to  Gardner  or  Evans  street;  thence 
along  Gardner  or  Evans  street  to  Gordon  street;  thence  along  Gordon 
btreet  east  one  block  to  Lee  street,  with  the  privilege  of  moving  the 
track  of  the  Atlanta  Eailway  and  Power  Company  from  its  present 
location  in  this  block  of  Gordon  street,  and  relaying  it  under  the  super- 
vision of  the  City  Engineer,  so  as  to  allow  said  Ansley,  his  associates 
and  successors,  to  lay  a  track  beside  it  (the  expense  of  such  removal 
and  relaying  to  be  borne  by  said  Ansley,  his  associates  and  success- 
ors) ;  thence  along  Gordon  street,  from  Lee  street  to  Murphy  avenue; 
provided,  all  the  expense  of  changing  the  grade  of  Gordon  street, 
where  it  passes  under  the  rights-of-way  of  the  Atlanta  and  West  Point 
and  Central  of  Georgia  Eailway  Companies,  and,  also,  the  street  along- 
side the  railroads  and  connecting  with  Gordon  street,  and  all  dam- 
ages resulting  to  the  property  of  said  companies,  or  other  persons,  from 
such  changes  of  grade,  shall  be  paid  by  said  Ansley,  his  associates  and 
successors ;  thence  from  Murphy  avenue  along  Glenn  street  to  Stewart 
avenue,  and  thence  along  Stewart  avenue  to  city  limits. 

Also,  beginning  at  the  intersection  of  South  Boulevard  with  the 
city  limits ;  thence  along  South  Boulevard  to  Berne  street ;  the  tracks 
of  the  Atlanta  Railway  and  Power  Company  and  of  Ansley  to  be  laid 
in  the  part  of  South  Boulevard  as  double  tracks;  thence  along  South 
Boulevard  to  the  right-of-way  of  the  Georgia  Railroad. 

The  foregoing  grants  of  authority  and  consent  are  made  on  condi- 
tion that  said  Ansley,  his  associates  and  successors,  shall  construct, 
equip  and  operate  the  said  lines  of  electric  street  railways,  subject  to 
all  existing  laws  and  ordinances  regulating  the  construction,  equip- 
ment and.  operation  of  street  railways,  and  all  such  laws  and  ordi- 
nances applicable  to  these  subjects  as  may  be  hereafter  made. 

And  on  condition,  also,  that  said  Ansley,  his  associates  and  success- 
ors, shall  begin  work  on  each  of  the  routes  herein  granted  within  four 
months,  and  complete  the  same  within  twelve  months  from  the  ap- 
proval of  these  grants. 

Without  excluding  any  other  subject  of  regulation  by  specifying 
some,  it  is  specially  stated  that  these  grants  are  made  on  condition, 
also,  that  said  Ansley,  his  associates  and  successors,  shall  pay  for  the 
paving,  repaving  and  keeping  in  repair  of  eleven  feet  in  widlli  of  (lie 
roadway  of  streets  and  parts  of  streets  occupied  by  his  or  their  tracks; 


Limits  along 
South  Boule- 
vard to  Geor- 
gia   railroad. 


Subject  to 
present  and 
future  laws 
and    ordinances 


Begin    in   four 
months  and 
finish  in  twelve 

months. 


Certain    condi- 
tions specified 
without  ex- 
cluding others. 


Street  Railway  Franchises.  481 

pay  for  the  paving  of  eleven  feet  in  streets  already  paved,  before  open-  Adopted  scp- 
ing  them ;  pay  taxes  on  their  property,  as  other  taxable  property   is  "member  6,  1899. 
taxed ;  pay  such  occupation  taxes  as  may  be  required ;  pay  required  leptembM  9" 
rentals  for  bridges  used  by  their  tracks ;  pay  a  percentage    of   gross  ^^''''' 
receipts  to  the  city,  when  also  required  of  other  street  railway  compa-  ^^1^6^12,  *^*'^' 
nies,  and  subject  to  regulation  of  fares  within  the  limits  of  existing 
general  ordinances. 

This  grant  is  limited  to  thirty  years.  All  material  used  and  work 
done  to  be  subject  to  approval  by  the  Committee  on  Electric  and 
Other  Railroads  and  the  City  Engineer. 


1899. 


Grants  to  the  Atlanta,  West  End  and  McPherson  Barracks 
Railway  Company. 


Petittox  of  the  Atlakta,  West  End  and  McPherson  Barracks 
Railway  Company  for  Permission  to  Construct  a  Street 
Railroad^  and  to  Occupy  Certain  Streets  in  the  City  of 
Atlanta. 

Atlanta,  Ga.,  July  7,  1890. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

The  Atlanta,  West  End  and  McPherson  Barracks  Railway  Com- 
pany respectfully  makes  application  for  leave  to  occupy  the  following  Alabama  street, 
named  streets  for  the  purpose  of  constructing    its    road,    laying    its  ^nh^  Forfnh 
tracks,  etc.,  to-wit :     Alabama  street,  from  Broad  street    to    Forsyth  at  AVindso^!^^ 
street ;  thence  along  Forsyth  street  to  intersection  of  Windsor  street  Gewlfa"^  ave- 
with  Whitehall  street;  thence  crossing  Whitehall  street    and    along avlAu^To^'"' 
Windsor  street  to  Georgia  avenue;  thence  along  Georgia  avenue    to  McDanlei'to 
McDaniel  street;  thence  along  McDaniel  street  to  Rockwell  street ; .Sum JhrL^^and 
thence  along  Rockwell  street  to  Humphries  street;  thence  along    thcumul*^^*  *" 
last  named  street  to  the  city  limits. 

The  charter  of  the  above  named  company  has  not  yet  been  granted, 
but  will  be  at  the  expiration  of  thirty  (30)  days. 

It  is  the  intention  of  said  company  in  good  faith  to  begin  the  con- 
struction as  soon  as  practicable  after  the  charter  is  granted,  and  this 
application  is  made  in  order  to  expedite  said  work  when  the  charter  is 
granted.  Said  company  desires  the  grant  of  said  privileges  under  the 
same  restrictions  and  with  the  same  privileges,  as  to  its  occupancy  of 
said  streets,  as  are  usually  granted  to  street  railroad  companies  in 
said  city. 

Atlanta,  West  End  and  McPherson 
Barracks  Railway  Company, 

By  B.  F.  Abbott,  Attornev. 

(31) 


As   to   mot  IV 
power. 


482  Street  Railway  Fraxchises. 

AMENDilEXT  TO  PETITIOX,  JULY   7,   1890. 

It  is  the  purpose  of  the  applicants  to  conform  in  all  respects  to   the 

provisions  of  existing  ordinances  of  the  city  on  the  subject,  and    to 

employ  electricity  as  a  motive  power  in  running  its  cars,  or  they  will 

use  horse  power,  or  compressed  air,  as  may  be  deemed  most  practica- 

Fors  fh 'to*™'"  ^^^^-     Petitioners  also  apply  for  leave  to  lay  their  track  and  operate 

Whitehall,  and  j-^gip  j.qjj(J  q^  Fair  strcet,  between  Forsyth  and  Whitehall,  over  to  the 

t'ooper  to  7  i'.  7 

Georgia  ave-    jxxnction  of  Coopcr  strcct ;  and  also  for  leave  to  occupy  Cooper  street, 
from  Whitehall  to  Georgia  avenue,  for  same  purpose,  and  respectfully 
ask  that  the  necessary  consent  of  the  General  Council  be  granted. 
This  August  6,  1890. 

Atlanta,  West  End  axd  McPhersox 
Barracks  Railway  Compaxy, 

By  B.  F.  Abbott,  Attorney. 

REPORT    OF    committee. 

Your  committee  beg  to  report  favorably  upon  the  petition  of  the 
Atlanta.  West  End  and  McPherson  Barracks  Railwav  Companv  upon 

Reservation  as  .  i        .        x 

to  certain        the  following  couditions :     The  city  reserving  the  right  to  pass  other 
to  let  other     roads  over  the  tracks  of  the  said  company  between  Broad  and  Mitchell 

companies   use  t       p  i         i  t    i  •  t  i 

them.  streets,  and  if  it  should  become  necessary,  m  order  that  other  lines 

Aug.  20,  1890.  should  get  to  the  center  of  the  city,  the  city  to  have  the  right  to  regu- 
late the  running  of  cars  so  as  to  use  the  above  company's  tracks  for 
cars  going  one  way,  and  the  Edgewood  avenue  company's  track  for  cars 
going  the  other  way;  any  electrical  construction  to  be  done  subject  to 
the  approval  of  the  Board  of  Electrical  Control ;  work  to  commence  in 
good  faith  within  fifty  days,  and  to  be  completed  within  twelve  months, 
or  all  rights  are  declared  forfeited.  This  grant  is  made  subject  to  all 
laws  of  force  now  or  that  may  be  hereafter  enacted  l)y  the  ]\Iayor  and 
General  Council. 


Petition  of  the  Atlanta,  West  End  and  McPherson  Barracks 
Railway  to  Construct  its  Road  on  Richardson  Street  to 
McDaniel  Street,  and  along  McDaniel  Street  to  Georgia 
Avenue. 

To  the  Honorahle  Mayor  and  General  CouncU  of  the  Citij  of  Atlanta: 
The  petition  of  the  x\tlanta.  West  End  and  McPherson  Barracks 
Railway  Company  shows  that  in  the  building  and  constructing  of  its 
railway  from  and  to  the  points  mentioned  in  its  cliarter,  it  is  deemed 
advisable  to  change  its  route  through  the  city,  in  respect  to  the  streets 
to  be  occupied  by  it. 

It  now  desires  leave  and  authority  to  build  and  operate  its  railway 
on    Richard.^on    street,    from    Coojjcr    to    McDaniel    street;    thence 


Street  Railway  Franchises.  483 

along  McDaniel  street  to  Georgia  avenue,  and  it  respectfully  asks  that  /rom^cooplr 
authority  be  given  it  to  occupy  said  streets  under  such  rules  and  regu-  ^^"^^'^"ng'''^ 
lations  as  are  prescribed  by  the  ordinances  of  the  city.  ocS'^^avl'^ 

This  petition  is  an  amendment  to  the  original  filed  and  heretofore  "'"'• 
granted  in  the  matter. 

Your  petitioner  further  shows  that,  under  the  original  grant  to  it 
by  the  city,  it  was  given  fifty  days  in  which  to  begin  the  work  of  con- 
struction. It  has  had  the  route  surveyed,  and  is  now  going  forward 
in  good  faith  to  begin  active  work  on  said  road;  but  to  the  end  that  its 
arrangement  may  be  entirely  completed,  it  respectfully  asks  that  the 

time  may  be  extended  in  which  to  begin  work  on  its  line,  say days 

in  addition  to  the  time  originally  granted. 

This  September  15,  1890. 

Atlanta,  West  End  and  McPherson 
Barracks  Railway  Company, 

By  B.  F.  Abbott,  Attorney. 

REPORT    OF   COMMITTEE. 

Your  committee  beg  to  make  a  favorable  report  upon  the  within 
amended  petition,  subject  to  all  rules,  regulations,    restrictions    and  ^''^-  ^^'  ^^^°- 
reservations  under  which    the    original    franchise    was    granted    on 
August  18,  1890. 


Petition  of  the  Atlanta,  West  End  and  McPherson  Barracks 
Railway  Company  for  the  Right  to  Occupy  Glenn,  Ocmul- 
gee.  Wells,  Whitehall  and  Peters  Streets. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  iVtlanta,  West  End  and  McPherson  Barracks  Railway  Com- 
pany respectfully  petitions  your  body  to  grant  it  the  right  to  occupy  oiJ^n^'^'ocmui^ 
the  following  named  streets,  in  addition  to  the  streets  already  applied  fnd  Peters^  to 
for,  to-wit:  From  McDaniel  street  along  Glenn  street;  thence  along 
Ocmulgee  street  across  or  along  Wells  street  to  Whitehall  street; 
thence  along  Whitehall  street  across  the  Central  Railroad  into  Peters 
street;  thence  along  Peters  street  to  the  city  limits.  These  streets  are 
desired  for  the  purpose  of  building,  constructing  and  operating  its 
electric  railway,  as  set  out  in  its  original  and  amended  petition  under 
its  charter. 

It  prays  that  the  right  to  use  and  occupy  said  streets  may  be  granted 
under  the  provision  of  the  ordinances  of  said  city.  And  your  peti- 
tioner will  ever  pray,  etc. 

Atlanta,  West  End  and  McPherson 
Barracks  Railway  Company, 

By  B.  F.  Abbott,  Attornev- 


484  Street  Railway  Franchises. 

Your  committee  recoiiimeud  the  granting  of  the  within  amended 
petition  of  the  Atlanta,  West  End  and  McPherson  Barracks  Railroad, 
Oct.  23,  isDo.  giibject  to  all  the  reservations,  limitations  and  regulations  of  the  origi- 
nal petition  granted  August  18,  1890. 


McDaniel 
street. 


Nov.   20,   1S9(). 


Petition  op  the  Atlanta,  West  End  and  McPherson  Barracks 
Railway  Company  for  Permission  to  Occupy  McDantiel 
Street,  from  Rockwell  Street  to  the  City  Limits. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  Atlanta,  West  End  and  McPherson  Barracks  Railway  Com- 
pany respectfully  petitions  your  body  for  the  right  to  use  and  occupy 
McDaniel  street;  from  Rockwell  street,  the  point  to  which  the  city  has 
already  granted  privileges,  to  the  city  limits,  for  the  purpose  of  laying 
the  track  of  its  electric  railway,  and  running  and  operating  the  same, 
and  prays  that  authority  be  granted  it  to  occupy  said  street  under  the 
rules  and  regulations  of  the  city  on  the  subject. 
This  Xovember  3,  1890. 

Atlanta,  West  End  and  McPherson 
Barracks  Railway  Company, 

By  B.  F.  Abbott,  Attorney. 

Your  committee  recommend  the  granting  of  the  within  petition, 
subject  to  all  regulations  and  reservations  as  cited  in  the  original  peti- 
tion, granted  August  18,  1890,  and  the  abandonment  of  all  streets  not 
occupied. 


Petition  of  the  Atlanta,  West  End  and  McPherson  Barracks 
Railway  Company  to  Occupy  Cooper  Street,  Hendrix  Ave- 
nue, Pryor  Street  and  to  Cross  Pryor  Street,  Ormond 
Street  and  out  the  sA:\rE  to  City  Limits. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  petition  of  Atlanta,  West  End  and  McPherson  Barracks  Rail- 
Richardson       way  Company  respectful Iv  asks  permission  to  use  and  occupv  the  fol- 

alons?   Cooper,     ^      " .  ■,  ^     ^ 

Hendrix  ave-    lowHig  named  strccts  for  an  extension  of  the  line  of  said  companv's 

nue  and  Or-  ,  .  .,  i         . 

inond  to  limits,  clectric  railway,  to-wit:  From  Richardson  street  south  along  Cooper 
street  to  Hendrix  avenue;  tlience  along  Hendrix  avenue  to  South 
Pryor  street;  thence  across  South  Pryor  street  into  Ormond  street; 
thence  east  along  Ormond  street  to  the  city  limits. 

Your  petitioner  piMvs  tlint  the  authority  Ik  rein  asked  may  lie 
granted  under  the  rules  ami  regulations  governing  siu'li  applications; 
that  this  petition  may  be  eonsidered  in  the  liglit  (»!'  the  original  i)eti- 


Street  Railway  Franchises.  485 

tion,  placed  before  the  body  by  your  petitioner  for  leave  to  occupy 
streets,  build  and  operate  an  electric  railway  in  the  streets  of  the  city. 
This  January  5,  1891. 

Atlanta,  West  End  and  McPitekson 
Barracks  Railway  Company, 

Bv  B.  F.  Abbott,  Attorney. 


Favorable,  subject  to  the  rules  and  regulations  now  of  force  govern- 
ing street  railroads — subject  to  all  the  conditions  of  the  original  peti-  jai 
tion,  granted  x\ugust  18,  1890.     Work  to  be  commenced  by  May  1, 
and  completed  by  ,Tuly  1.  1891,  or  all  rights  forfeited. 


Grants  to   Atlanta   Traction  Company,  and   Atlanta  City 
Street  Railway  Company. 


23, 


Petition  op  Atlanta  Traction  Company   for    Certain    Grants. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  petitioner,  the  Atlanta  Traction  Company,  a  corporation 
under  the  laws  of  Georgia,  with  main  office  in  the  City  of  Atlanta, 
respectfully  applies  for  the  right  to  extend  its  lines  of  electric  street 
railway  from  its  present  terminus  on  Forsyth  street,  along  said  street 
to  and  across  the  Forsyth  street  bridge,  and  thence  along  North  Forsyth 
street  across  Marietta  street  to  the  intersection  of  North  Forsyth  street 
with  Peachtree  street.  Your  petitioner  shows  that  it  has  complied 
with  the  requirements  of  the  ordinances  of  said  city  by  advertising  in 
the  Atlanta  Journal  a  notice  of  this  application  five  (5)  times  before 
the  meeting  of  this  General  Council. 

Atlanta  Traction  Company, 
By  its  Attorneys,  Hines,  Shubrick  &  Felder. 

report  of  committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways,  and  on  Bridges, 
submit  the  following  report  on  the  annexed  petition  of  the  Atlanta  tion'co. 
Traction  Company : 

Favoral)le,  that  authority  and  consent  be  given  to    said    Atlanta 
Traction    Company   to   extend     its    line   of  railway  from  its  present  ^^^.^^gg  Forsvth 
terminus  on  South  Forsyth  street  to  connect  with  the  railway  tracks  |n'd'^aion'*^^N 
belonging  to  the  city  on  Forsyth  street  bridge,  and  for  said  company  pegp^^Vree" 
to  extend  its  lines  from  the  northern  end  of  said  bridge  along  Xorth 
Forsvth  street  across  Marietta  and  other  intervening  streets  to  the 


Atlanta    Trac- 


i 


each   car   ovc 
ten. 


486  Street  Kailway  Franchises. 

intersection  of  Forsyth  and  Peachtree  streets,  and  to  operate  its  cars 
over  said  bridge  and  such  extensions,  on  the  following  conditions : 

1st.  Said  Traction  Company  shall  pay  as  rental  for  crossing  For- 
syth street  bridge,  and  using  the  city's  railway  tracks  across  said 
bridge,  the  siim  of  seven  hundred  ('$700)  dollars  per  annum,  payable 
^d*$50  for""  ^^^  installments  of  one-fourth  of  said  sum  at  the  end  of  each  quarter, 
after  beginning  the  use  of  said  bridge;  which  payment  shall  be  in 
full  for  the  use  of  said  bridge  by  said  Traction  Company,  so 
long  as  it  operates  ten  (10)  cars  or  less  on  its  lines;  every  additional 
car  in  excess  of  ten  (10)  cars  operated  on  its  lines  by  said  company, 
or  its  assigns,  to  be  paid  for  at  the  rate  of  fifty  ($50)  dollars  per  car 
per  annum.  Extra  cars  on  special  occasions  to  go  free.  Payment  to 
be  secured  by  bond,  with  good  security,  in  the  sum  of  one  year's  rental, 
be  the  same  seven  hundred  {$700)  dollars  or  more,  and  the  city  to 
have  the  right  to  require  other  and  additional  security,  from  time  to 
time,  in  the  discretion  of  the  Mayor  and  General  Council,  either  to 
secure  the  payment  of  said  rental  or  for  the  indemnifying  said  city 
against  loss  on  account  of  judgments  or  suits  for  damages  to  persons 
or  property  resulting  from  the  operation  of  the  cars  or  machinery  of 
said  company,  or  its  assigns. 

In  case  of  failure  on  the  part  of  said  Traction  Company,  or  it^< 
assigns,  to  pay  any  such  installments  of  rent  when  due,  the  right  of  said 
company  to  cross  said  bridge  with  its  cars  and  machinery  shall  imme- 
diately cease;  and  the  same  result  shall  follow  the  failure  or  refusal 
of  said  company,  or  its  assigns,  to  pay  off  any  judgment  or  decree 
against  the  City  of  Atlanta  for  damages  resulting  from  the  operation 
of  the  cars  or  machinery  of  said  company  within  ten  days  after  the 
payment  thereof,  by  said  city,  and  notice  of  such  payment  to  said 
company. 

This  rental  of  seven  hundred  ($700)  dollars  is  intended  to  be  the 
price  exacted  by  the  city,  and  paid  by  said  Traction  Company,  or  its 
assigns,  for  the  annual  use  of  the  tracks  across  said  bridge  while  the 
present  system  of  applying  electricity  as  a  motor  for  street  cars  is  in 
use;  said  company  to  be  at  no  expense  for  keeping  the  track  in  repair 
vfhile  the  bridge  stands  and  is  in  condition  for  such  use;  notice  of 
any  necessity  for  repairs  to  be  given  the  city  in  writing  by  the  com- 
pany, which  shall  not  run  cars  over  the  tracks  on  said  bridge  while  in 
an  imsafe  condition. 

But  the  City  of  Atlanta  is  not  to  be  bound  to  rel)uil(l  said  bridge  in 
case  of  its  destruction,  or  when  it  is  worn  out  ;  noi-  is  said  Cily  of  At- 
lanta to  be  bound  to  adjust  said  bridge  or  tracks  to  newer  discoveries 
in  electricity,  nor  to  bear  any  expense  on  that  account ;  nor  to  be  bound 
for  damages  to  person  or  property  injured  by  said  company  in  the  use 
of  said  tracks  in  any  event;  but  in  every  such  case  the  damages  are 
to  be  paid  by  the  company. 


Street  Kailway  Fraxchises.  487 

The  amount  of  annual  rental  so  stipulated  is  to  cover  the  use  of 
said  bridge,  and  the  tracks  thereon,  by  the  said  Traction  Company,  or 
its  assigns,  with  their  present  lines  of  railway  and  any  extensions 
thereof,  which  may  be  built  or  laid  with  the  consent  of  the  City  of 
Atlanta,  subject  to  increase  for  additional  cars  as  aforesaid. 

But  this  annual  rental  is  neither  to  cover  the  use  of  said  bridge  and 
the  tracks  thereon  by  any  line  of  railway  bought  or  leased  by  said  Trac- 
tion Company,  or  buying  or  leasing  said  Traction  Company,  or  in  any 
way  consolidating  with  said  Traction  Company.  But  in  event  of 
such  purchase  or  lease  by  or  from  said  Traction  Company  the  rental 
to  be  paid  for  additional  lines  is  to  be  thereafter  fixed  by  the  City  of 
Atlanta. 

The  City  reserves  the  right  to  let  other  railway  companies  pass  over 
said  bridge  and  to  use  said  Forsyth  street,  without  condemning  the  nies  may  cross 
tracks  of  said  Traction  Company,  for  a  rental  at  least  as  large  as  that  less  rentals, 
charged  said  Traction  Company,  and  on  like  terms  in  all  other  respects, 
all  of  such  rental  to  be  payable  to  the  City  of  Atlanta  for  its  own  use. 

The  City  of  Atlanta  also  expressly  reserves  the  right  to  terminate 
this  contract  upon  giving  twelve  months'  notice  of  intention  to  do  so 
to  said  company,  or  its  assigns,  at  any  time  after  the  expiration  of 
twenty  years  from  the'  approval  of  this  grant  by  the  Mayor,  if  in  the 
discretion  of  the  Mayor  and  General  Council  said  bridge  shall  then 
be  found  inadequate  to  accommodate  travel  by  street  cars  and  the 
people  traveling  over  said  bridge  in  other  ordinary  modes.  But  the 
city  will  not  revoke  or  refuse  to  longer  extend  said  franchise  to  said 
company,  or  its  assigns,  for  the  purpose  of,  or  as  a  means  to,  securing  a 
larger  annual  rental  for  said  franchise. 

2d.  Before  beginning  work  on  Forsyth  street,  said  Traction  Com- 
pany shall  pay  to  the  city,  for  the  use  of  the  city  and  the  abutting  . 
real  estate  owners,  the  full  cost  of  paving  eleven  feet  in  width  of  the 
roadway  on  North  Forsyth  street,  from  Marietta  to  Peachtree  street, 
which  amount  is  to  be  fixed  by  the  estimation  of  the  City  Engineer; 
and  afterwards  said  company  to  keep  said  space  in  repairs  at  its  own 
expense  as  required  by  the  city  ordinances ;  and  said  company  is  also  to 
pay  and  hold  the  city  harmless  against  damages  done  to  person  or 
property  by  the  operation  of  its  cars  and  machinery,  whether  from 
defective  machinery,  defective  tracks  on  the  bridge,  or  otherwise. 

3d.     The  style  of  the  rail  to  be  used  by  said  company  in  making  said 
extension  shall  be  subject  to  approval  by  the  Committee  on  Electric  ^'''^^■ 
and  Other  Eailways  and  the  City  Engineer. 

And  the  erection  by  said  company  of  its  trolley  wires  and  other 
machinery  for  operating  its  cars  shall  be  done  under  the  supervision  ^yj^.^^ 
of  the  Committee  on  Electric  and  Other  Railways,  and  of  the  City 
Engineer,  and  shall  be  done  wholly  at  the  expense  of  said  company : 
work  on  this  extension  to  commence  within  thirty  days,  and  be  finished 


488  Street  Railway  Franchises. 

within  three  months  after  the  completion  of  said  Forsyth  street  bridge. 
4th.     Said  Traction  Company  to  take  the  privileges  herein  granted, 

subject  to  all  laws  and  ordinances  now  in  force,  and  which  may  here- 
present  and  ^^^^^  ^^  enacted  or  ordained,  regulating  the  building  and  operating 
or^ninces "^""^  of  clectric  street  railways,  or  the  crossing  of  bridges  in  said  city;  and 

especially  with  reference  to  speed,  schedules,  fares,  etc.,  on  bridges  and 

elsewhere  in  said  city. 


May    20, 


Petition  of  the  Atlanta  City  Street  Railway  Company,  Suc- 
cessor TO  A.  S.  Seals  et  al.,  for  Certain  Changes  in  Fran- 
chises Heretofore  Granted^  and  to  be  Allowed  to  Construct 
A  Street  Railroad  on  Loyd,  Ivy,  Gilmer,  Pratt,    Wheat, 

HiLLIARD  AND  IrW^IN   STREETS  AND  OUT  IrWIN   StREET  TO   THE 

City  Limits. 

Atlanta,  Ga.,  December  5,  1892. 

To  the  Honorable  Mayor  and  General  Council  of  tlie  City  of  Atlanta: 

Gentlemen — The  undersigned,  the  Atlanta  City  Street    Railway 

Company,  is  the  successor  to  W.  I.  Zachary,  J.  B.  Zachary  and  J.  R. 

Aionjr  Loyd,      Mcll,  to  whom  you  granted  a  franchise  over  certain  streets  in  this 

Ivy,    Gilmer,  .        '  J  fe 

Pratf.  Bell,  City.  The  undcrsigncd  has  made  a  contract  for  building  its  line  and 
iard  and  Irwin  is  iio^v  at  work,  but  it  is  desirous  of  making  a  few  changes  in  the  routa 
heretofore  granted.  The  route  now  asked  for  is  to  start  on  Loyd 
street  near  the  Markham  House,  run  to  Ivy,  out  Ivy  to  Gilmer,  Gilmer 
to  Pratt,  Pratt  to  Wheat,  on  Wheat  to  Hilliard,  Hilliard  to  Irwin, 
out  Irwin  to  the  city  limits.  Trusting  this  petition  will  be  granted, 
we  are  respectfully, 

Atlanta  City  Street  Railway  Company, 
Per  Aaron  Haas,  President. 

Atlanta,  Ga.,  December  8,  1S92. 
lion.  J.  D.  Turner,  Chairman,  etc..  City: 

My  Dear  Sir — Upon  reflection  it  seems  to  me  that  in  the  hurry  of 
\vriting  the  petition  for  the  Atlanta  City  Street  Railway,  now  in  the 
hands  of  your  committee,  I  made  an  error,  leaving  out  Bell  street;  if 
such  be  the  case  it  will  leave  a  break  in  our  route.  I  now  repeat  what 
we  want,  and  ask  that  you  make  the  petition  conform  to  the  following : 
starting  on  Loyd  street  near  the  Markham  House,  ninuing  to  Ivy, 
thence  on  Ivy  to  Gilmer,  thence  on  Gilmer  to  i'l-all.  theiuv  on  Pratt 
to  Bell,  thence  on  Bell  to  Wheat,  thence  on  Wheat  to  Hilliard.  thence 
on  Hilliard  to  Irwin,  thence  on  Irwin  to  city  limits. 
Respectfully, 

Atlanta  City  STifKirr  IJaii.wav  Company. 

Per  .\ai;()\   1  Iaas.   rrc^idcnt. 


Steeet  Railway  Franchises.  489 


•  REPORT   OF    COMMITTEE. 

The  committee  recommend  that  the  former  grant  referred  to  in  the 
attaclied  petition  of  date  December  5,  1892,  be  modified  to  make 
the  line  or  route  as  specified  in  said  attached  petition  of  date  Decem-  '^^''  ' 
ber  5,  1892,  and  the  attached  communication  of  date  December  8, 
1892,  subject  to  all  the  conditions  and  requirements  of  said  former 
grant  and  to  such  other  conditions  and  requirements  as  are  of  force 
relative  to  street  railroad  companies  in  this  city. 


Petition  of  the  Atlanta  City  Street  Railway  Company  to  Lay 
Single  Tracks  on  Certain  Streets,  Relinquishing  the 
Right  to  Certain  Others. 

Atlanta,  Ga.,  April  1,  1893. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

Gentle:\[en — Your  petitioners,  the  iVtlanta  City  Street  Railway  Along  Fair, 
r^  11  1  1 1     1     T     ,.  •  1      ^°^^  ^"^^  Hill- 

Company,  hereby  petition  your  honorable  body  for  permission  to  layjard  to  wheat. 

single  tracks  on  the  following  named  streets,  to-wit :  On  Fain  from 
Pratt  to  Fort,  on  Fort  from  Fain  to  Tanner,  on  Tanner  from  Fort 
to  Hilliard,  on  Hilliard  from  Tanner  to  Wheat,  and  to  equip  and 
operate  cars  on  said  streets  by  electricity,  notice  of  the  above  appli- 
cation having  been  duly  advertised. 

If  the  above  franchise  is  granted  we  will  relinquish  onr  rights  to  a 
franchise  on  Bell  street  from  Pratt  to  Wheat  and  on  Wheat  from  Bell 
to  Hilliard. 

*We  ask  this  change  because  Mr.  Hurt,  president  of  the  Consolidated, 
is  very  much  opposed  to  our  occupying  Wheat  street  alongside  of  his 
line,  our  occupancy  interfering  with  his  plans  for  the  future,  and  we 
have  no  desire  to  antagonize  other  car  companies  if  it  can  be  avoided. 
On  account  of  the  grade  on  other  streets,  the  route  we  ask  for  is 
absolutely  the  only  way  we  can  avoid  Wheat  street. 
Very  respectfully, 

x4.TLANTA  City  Street  Railway  Company, 

Per  A.  Haas,  President. 

report  of  committee. 

On  the  annexed  petition  of  the  Atlanta  City  Street  Railway  Com- 
pany for  })erinission  to  lay  single  track  on  Fain  from  Pratt  to  Fort, 
on  Fort  from  Fain  to  Tanner,  on  Tanner  from  Fort  to  Hilliard,  on  •^•"•"  ^^'  '^^^■ 
Hilliard  from  Tanner  to  Wheat  streets,  your  Committee  on  Electric 
and  Other  Railways  respectfully  report  as  follows : 

Favorable,  that  authority  and  consent  be  granted  petitioner  to  lay 
single  tracks  on  said  streets,  and  to  equip  and  operate  cars  thereon  as 


490 


Street  Railway  Franchises. 


praj-ed  for,  subject  to  all  the  conditions  annexed  to  the  franchises 
heretofore  granted  said  company  for  the  line  of  which  these  streets, 
or  the  tracks  thereon,  are  intended  to  form  a  part.  This  franchise  is 
granted  in  lieu  of  the  one  granted  on  Bell  street  from  Pratt  to  Wheat, 
and  on  Wheat  from  Bell  to  Milliard. 


A.    S. 

Seals, 

et  al. 

From 

Union 

Depot  along 

Lovd, 

Ivy,   Gi 

mer. 

Fair, 

Billiard,  Gar- 

trell. 

Howell 

Wheat   and 

Irwin 

and 

thence   to   De 

catur. 

Ga. 

Petition  of  A.  S.  Seals,  J.  R.  Mell  and  W.  I.  Zachary  to  Build, 
Equip  and  Operate  an  Electric  Street  Eailw^at  from  At- 
lanta Eastw^ard  to  Decatur,  Commencing  at  the  Union 
Depot  on  Lotd  Street,  and  to  Occupy  Loyd,  Ivy,  CIilmer, 
Pratt,  Fain,  Hilliard,  Gartrell,  Yonge,  Daniel.  Howell 
AND  Wheat  Streets,  Etc. 

Atlanta,  Ga.,  June  3.  1892. 
To  the  Uonoralle  Mayor  and  General  Council  of  the  Citi/  of  Atlanta: 

The  petition  of  A.  S.  Seals,  J.  E.  Mell  and  W.  I.  Zachary  shows 
that  they  are  forming  a  company  to  build,  equip  and  operate  an 
electric  railroad  from  Atlanta  eastward  to  Decatur,  and  that  they 
desire  for  themselves,  associates  and  assigns  the  absolute  franchise  and 
right  to  build  said  railroad  along  the  following  streets :  Commencing 
at  the  Union  Depot' on  Loyd  street,  down  Loyd  to  Ivy,  Ivy  to  Gilmer, 
Gilmer  to  Pratt,  Pratt  to  Fain  at  Bell  street.  Fain  to  Hilliard,  across 
the  block  to  the  end  of  Gartrell  street  at  Yonge,.  Gartrell  to  Daniel, 
across  the  block  to  Howell,  along  Howell  to  Wheat,  Wheat  to  Irwin, 
across  Irwin  under  the  R.  &  D.  R.  R.,  into  the  Stone  Mountain  turn- 
pike, thence  on  to  Decatur. 

The  petitioners  ask  that  they  be  allowed  six  months,  or  other  reason- 
able time,  in  which  to  begin  work,  and  six  months  in  which  to  have 
said  road  running. 

Clyde  L.  Brooks, 
Petitioners"  Attornev. 


Petition  of  A.  S.  Seals,  J.  R.  Mell  and  W.  I.  Zachary  to  Build. 
Operate  and  Electrically  Equip  a  Street  Railway,  Co:\l- 
mencing  at  Union  Depot  on  Loyd  Street,  and  for  Absolute 
Franchise  on  Certain  Streets  Named  in  the  Petition. 


A.   S.   Seals, 
et  al. 


Atlanta,  IjA.,  June  11,  1892. 
To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  petition  of  A.  S.  Seals,  J.  R.  Mell  and  W.  I.  Zachary  shows 
that  they  petitioned  your  honorable  body  for  the  franchise  and  right  to 
build  an  electric  railroad  over  certain  streets  in  the  eastern  part  of 
the  city.  They  desire  to  make  a  change  in  the  route  first  proposed  and 
desire  for  themselves  and  assigns  the  absolute  francliisc  ami  right  to 


Street  Railway  Fkaxchises.  491 

build  an  electric  railroad  along  the  following  streets :  Commencing  at  ^^^^^  ^^p^^ 
Union  Depot  on  Loyd  street,  down  Loyd  to  Ivy,  Ivy  to  Gilmer,  Gilmer  ^i^';^G^i°^f;_ 
to  Fort,  Fort  to  Irwin,  Irwin  to  Turnpike,  Turnpike  to  the  city  limits.  and^'T^^pike 

This  is  to  be  an  amendment  and  to  attach  to  the  original  petition  '°  ^™'*^^- 
by  said  Seals,  Mell  and  Zachary.  Clyde  L.  Brooks, 

Petitioners'  Attorney. 

REPORT   OF   COMMITTEE. 

To  the  Ilonorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

On  the  petition  of  A.  S.  Seals,  J.  E.  Mell  and  W.  I.  Zachary  for  the 
franchise  and  right  to  build  an  electric  railroad  over  certain  streets 
in  the  City  of  Atlanta,  your  committee,  by  direction,  submit  the  fol- 
lowing report : 

Favorable,   that    authority   and    consent    be   granted   to    the  al)ovo 
named    persons    to    lay    and    maintain     double     or     single     tracks  et  ai. '  ^"^  *' 
along  the  following  line  or  route,  to-wit :    Commencing  at  the  Union 
Depot,  in  said  city,  on  Loyd  street,  along  Loyd  street  to  Ivy  street,  aion^  Loyd? 
along  Ivy  street  to  Gilmer  street,  along  Gilmer  street  to  Fort  street,  Yok.  irwin 
along  Fort  street  to  Irwin  street,  along  Irwin  street  to  Turnpike,  and  to  limits!'"  ^ 
along  Turnpike  to  the  city  limits,  and  also  to  keep  and  operate  said 
tracks  with  the  overhead  electric  system  for  street  railroads,  on  and 
subject  to  the  following  conditions,  namely : 

L'^t.  When  the  City  of  x\tlanta  constructs  a  bridge  across  any  street 
along  the  line  of  said  proposed  railroad,  said  petitioners,  or  the  persons  to  bridges  may 
or  company  owning  and  operating  said  railroad,  shall  be  subject  to 
assessment  by  said  city  on  all  the  property  and  effects  of  said  railroad 
for  such  proportion  of  the  cost  of  building  and  maintaining  any  sucli 
bridge  as  to  the  Mayor  and  General  Council  of  said  city  shall  seem 
right  and  proper. 

2d.  Petitioners  shall  put  the  said  streets  so  occupied  in  good  con- 
dition, and  keep  them  so  for  the  width  that  is  or  may  hereafter  be 
required  by  ordinance. 

3d.     The  rail  to  be  used  shall  be  subject  to  the  approval  of    the 

.  "  ^  ^  Rails. 

electric  light  or  other  committee  to  whom  the  city  may  commit  the 
same,  together  with  the  City  Engineer. 

4th.  Should  any  permanent  paving  or  other  improvements  allowed 
by  city  charter,  or  general  law,  be  hereafter  put  down  on  any  streets  Paving, 
over  which  the  privileges  are  hereby  granted,  whether  permanently 
improved  now  or  not,  said  petitioners  shall  be  required  to  pave  or  im- 
prove, or  pay  their  pro  rata  for  the  same,  and  a  failure  on  the  part  of 
petitioners  or  their  successors,  or  any  person  or  company  operating 
said  road,  to  have  their  proportion  of  the  work  done  as  the  work  by  the 
city  on  the  other  portions  of  the  street  progresses,  or  to  pay  for  said 
work  when  the  bill  is  presented  for  the  same  before  the  issuing  of 
fl.  fa.  thereon,  shall  terminate  all  rights  granted  herein,  and  the  right 


I 


492  Street  Railway  Franchises. 

to  maintain  or  operate  said  road  for  any  purpose  or  bv  any  power 
shall  be  terminated  by  such  failure. 

5th.     The  work  in  good  faith  shall  be  actually  commenced  under 

^jiij^,  this  grant  within  three  months  from  the  date  of  the  adoption  of  this 

report,  and  the  same  shall  be  finished  within  twelve  months  from  date, 

and  this  grant  shall  terminate  if  said  work  is  not  commenced  on  said 

line,  or  completed,  within  the  time  stated. 

(ith.  Tlie  right  to  condemn  such  portion  of  said  line,  not  exceeding 
Five  blocks  ^^'^  blocks,  as  may  be  necessary  for  the  allowing  of  other  street  car 
by^oTher°com^  companics  to  enter  the  central  portion  of  the  city  is  hereby  reserved, 
panies.  upon  pa3'ment  of  a  just  compensation  to  said  petitioners  or  their  suc- 

cessors by  such  otlier  company  desiring  the  privilege. 

7th.     The  operation  of  said  street  railroad  by  electric  power  shall 
Not    interfere  ^^ot  interfere  with  tlie  location  of  the  city's  lights  in  the  center  of  the 
with  lights.      street,  and  permission  is  given  for  only  one  trolley  wire,  with  necessary 
overhead  curves,  switches  and  turnouts  over  each  line  of  track. 

Sth.  It  is  understood  that  the  motive  power  is  to  be  applied  by 
Trolleys.  what  is  kuowii  as  the  overhead  single  trolley  system,  to-wit,  that  now 

in  use  in  Atlanta. 

9th.     The    city   reserves    the   right  to   have    the    overhead    system 
changed,  if  the  same  should  prove  dangerous. 

10th.  All  overhead  construction  to  be  under  the  supervision  of 
the  Mayor  and  General  Council,  through  its  appropriate  committees. 
11th.  Should  the  petitioners,  or  their  successors,  build  on  any 
street  which  is  paved  with  belgian  block,  rubble  or  othex"  paving,  then 
they  shall  pay  for  such  privilege,  as  provided  by  charter  and  law,  before 
occupying  such  street. 

12th.     The  location  of  tracks,  establishing  of  grades,  rate  of  speed, 

Present     and  i       ,i  •  i  •  i       . 

future  ordinan-  sclicQules  and  othcr  runumg  and  supervisory  regulations  shall  be  sub- 
Report  adopted  jcct  to  the  Ordinances  of  the  Mayor  and  General  Council  now  in  force, 
July  21,  189.S.  or  which  may  hereafter  be  adopted. 


Grants  to  Atlanta  City  Street  Eailway  Company  to  the  Use 
OF  Certain  Streets. 

Upon  the  petition  of  the  Atlanta  City  Street  Railway  Company  for 

the  use  of  portions  of  Ivy,  Ellis  and  Church  streets,  your  Committee 

En'is'Tnd°^  i^y-  on  Electric  and  Otlier  Railways  beg  leave  to  report  upon  the  petition 

Church  streets,  of  the  Atlanta  City  Street  Railway  Company  for  extension,  as  follows : 

Favorable,  to  extend  its  track  on  Ivy,  from  Gilmer  to  Ellis,  on  Ellis 

from  Ivy  to  C-hurch,  on  Church  from  Ellis  to  Forsyth  street.     That 

permission  be  given  to  e(Hii|)  its  lines  electrically,  under  all  conditiiUis 

and  re(|uireinents  contained   in  the  action  of  the  City  Council,  giving 

.'^aid  conii)any  the  right  to  lay  its  tracks  as  originally  peiitioned  for  bv 


Street  Railway  Franchises.  493 

said  company;  and  subject,  also,  to  such  tax  or  charge  for  rental  as 
the  Mayor  and  General  Council  may  impose  in  case  the  cars  of  said 
company,  or  cars  using  the  tracks  of  said  company,  cross  Forsyth  street 
bridge. 

Said  company  shall  pay  into  the  treasury  of  the  city  the  full  cost 
of  paving  eleven  feet  in  width  of  the  parts  of  Ivy,  Ellis  and  Church 
streets,  to  be  occupied  by  its  tracks,  before  occupying  said  streets;  the  ^Pg'^'"°2'^^'' 1^3; 
amount  to  be  paid  to  be  according  to  the  estimation  of  the  City  En- 
gineer in  each  case,  such  payment  to  be  for  the  use  of  the  city  and 
abutting  property  owners. 


Petition  of  the  Atlanta  City  Street  Railway  Company  for 
the  Use  of  Certain  Streets. 

State  of  Georgia,  City  of  Atlanta. 
To  the  Honorable  Mayor  and  General  Council  of  the  Citi/  of  Atlanta: 

The  petition  of  the  iVtlanta  City  Street  Railway  Company  showeth  ^^ig^ta  citv 
to  your  honorable  body,  that  they  desire  to  build  and  construct  a  line  oompanv''^'"'''^ 
of  road  on  the  following  named  streets  in  said  city,  to-wit:     Begin- 
ning at  the  junction  of  Irwin  and  Hilliard  streets,  running  Hilliard 
street  to  Ellis,  and  along  Ellis  to  Church,  and  along  Church  to  For-  and"Hiiirard 
syth  street,  connecting  at  said  Forsyth  street  with  the  line  of  railroad  ^\']?^  gS,*!' 
of  the  Atlanta  Traction  Company.     Wherefore  the  premises  consid-*°  Forsjth. 
ered,  your  petitioner  would  pray  that  your  honorable  body  grant  to  it 
a  franchise  in  terms  of  the  ordinance  in  such  cases  made  and  provided, 
to  construct  and  operate  its  said  line  of  street  railway  on  the  aforesaid 
streets.     And  your  petitioner  will  ever  pray,  etc. 

Atlanta  City  Street  Railway  Company., 
By  Aaron  Haas,  President,  Petitioner. 

report  of  committee. 

To  the  IlonoraJjle  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your    Committee    on    Electric  and  Other  Railways  beg  leave    to 

report  upon  the  petition  of  the  Atlanta  City  Street  Railway  Company. 

Favorable  upon  annexed  petition  for  said  company  to  build  and  j^^.^^  j_.^^,.^ 

electrically  equip  a  railway  beginning  on  Irwin  street,  at  junction  Xli"'Hii[^rd 

of  Irwin  and  Hilliard,  in  said  citv,  running  on  Hilliard  to  Ellis,  on  ehis!   church' 

"  '  ®  to  Forsyth. 

Ellis  to  Ivy,  and  thence  on  as  heretofore  granted.  Said  company 
shall  pay  into  the  treasury  of  the  city  the  full  costs  of  paving  eleven 
(11)  feet  in  width  on  such  streets  as  have  been  paved,  or  that  may  liere- 
after  be  paved,  with  belgian  blocks  or  other  pavement. 

The  permission  herein  granted  is  subject  to  all  conditions  and  re-  subject  to  con- 
quirements  contained  in  the  action  of  the  City  Council,  giving  said  for'e°"impo'std.' 


494  Street  Kailway  Franchises. 

Approved  Sep-  company  the  right  to  lay  its  tracks  as  originally  petitioned  for  by 
^^93-  said  company. 


Permissiox  to  Take  Up  Certain  Track. 

Electric  and  Other  Eailroad  Committee  report  favorable  upon   the 
Atlanta  City     petition  of  Atlanta  City  Street  Railway  Company  for  permission  to 
company^'^'^^^  remove  their  tracks  from  in  front  of  the  Markham  House,  along  Loyd 
street  to  Decatur  street,  and  to  Loyd  street  along  Loyd  street,   across 
tal/tra^ks^'^'    Decatur  street  to  Ivy  street,  along  Ivy  street  to  Gilmer  street,  Gilmer 
to  Pratt,  Pratt  to  Fain  street,  Fain  to  Fort  street.  Fort  street  to  Tanner 
17^^1896.     ""^^  street.  Tanner  street  to  Hilliard,  Hilliard  to  Irwin ;  provided,  the  At- 
lanta Street  Eailroad  Company  put  the  street  in  good  condition,  to  be 
approved  by  the  City  Engineer. 


Grants  to  Atlanta  Railway  Company. 


The  Atlanta  Eailwat  Given  the  Eight  to  Connect  With 
Tracks  of  Atlanta  Consolidated  Street  Eailroad  Com- 
pany AT  Corner  Irwin  and  Jackson  Streets. 

report  of  committee. 

Electric  and  Other  Eailways  Committee  report  favorable  upon  the 
\tianta  Rail-  Petition  of  the  Atlanta  Eailway  Company,  to  connect  their  tracks  with 
way  Company.  Atlanta  Consolidated  Company  corner  Jackson  and  Irwin  streets ; 
Connect  with  provided,  the  tracks  so  laid  is  removed  within  twelve  months ;  if  it 

Atlanta     Con-    ^  -^  ' 

at''jackson"a"nd  remains  longer,  said  Atlanta  Eailway  Company  is  to  pay  its  proper 
tweive^°months  ^^^^^^  ^^  ^^^^  value  of  paviiig,  and  also  subject  to  all  laws  and  ordi- 
\pproved  Octo-  ^^^^cs  now  in  cffcct,  or  that  may  hereafter  be  adopted,  governing  and 
her  10,  1895.      regulating  streets  railways. 


Perjniission  Given  Atlanta  Eailway  Company  to  LTse  Certain 
Streets  for  Street  Eailway  Purposes. 

Be  it  ordained  by  the  Mayor  and  General  Council  of  the  City  of 
Atlanta  Rail-  Atlanta,  That  consent  and  authority  is  granted  to  the  Atlanta  Eailway 
way  (ompany.  ^Qj^-jpany,  a  corporatiou  of  said  county,  to  construct  and  electrically 

equip  and  operate  a  loop  of  its  railway  lines  extending  along  the  tracks 
Loop  on  Ira,  uow  laid  ou  Ira  street  to  Crumley  street,  then  east  along  Crumley 
Cooper.^  ^^^    street  to  Cooper  street,  and  to  connect  the  same  with  the  tracks  of  said 

company  at  the  corner  of  Eichardson  and  Ira  streets  temporarily,  for 


Street  Kailavay  Franchises.  495 

the  purpose  of  accommodating  the  spring  and  summer  travel  to  Bris- 
bine  Park,  on  the  following  conditions : 

(1).     The    Atlanta   Eailway   Company,    in    the   construction   and 
operation  of  said  loop,  shall  be  subject  to  all  the  laws  and  ordinances  conditions, 
of  the  City  of  Atlanta,  now  of  force  or  which  may  hereafter  be  passed. 

(2).  Without  impairing  or  lessening  the  scope  of  the  first  condi- 
tion, it  is  specified  that  the  tracks  of  said  company  shall  be  laid  to 
conform  to  the  grades  of  the  streets  to  be  occupied  by  them,  and  located 
at  such  points  in  the  roadway  of  the  streets  as  may  be  designated  by 
the  City  Engineer,  acting  under  the  supervision  of  the  Committee  of 
Ihe  General  Council  on  Electric  and  Other  Eailways.  The  poles,  wires 
and  electrical  equipment  of  said  loop  shall  be  such  as  shall  be  approved 
by  the  City  Electrician,  under  like  supervision  of  said  committee. 

( 3 ) .  Said  company,  if  it  shall  occupy  any  portion  of  a  paved  street 
with  any  part  of  said  loop  longer  than  the  first  day  of  October,  1896, 
shall  pay  into  the  city  treasury  the  proportion  of  the  expenses  of  Approved  April 
paving  such  street  required  by  the  charter  and  ordinances  of  the  City  ^'  ^^^^' 
of  Atlanta  for  the  use  of  the  city  and  the  owners  of  abutting  prop- 
erty on  the  portions  of  such  paved  streets  so  occupied  by  the  tracks 
of  said  company. 

(4).  Said  company  shall  be  liable  in,  and  promptly  pay  any, 
damages  occurring  to  persons  or  property  by  reason  of  construction 
or  operation  of  said  loop  as  part  of  the  line  of  street  railway. 


Double  Tracks  on  Forsyth  Street. 

The  Atlanta  Eailway  Company  is  allowed  to  lay  double  tracks  on  Forsyth  street. 
Forsyth  street  between  Church  street  and  near  Walton  street.  ,    November  it, 

•^  1896. 


Grants  to  Atlanta  Eailway  Company. 

The  Atlanta  Eailway  Company  is  allowed  to  extend  switch  on  Ellis 
street  from  Piedmont  avenue  to  Courtland  street.     Also  to  extend  f^'^^  ^sS', 
twitch  West  on  Irwin  street  from  Eandolph  street  to  Bradley  street.  g°Xx  Ivt*' 
Also  to  move  switch  on  Cooper  street  to  Eichardson  street,  between""®- 
Cooper  street  and  Windsor  street.     Also  to  move  switch  on  Hendrix  Aprn°?4!  isuv 
av-'^nue  to  Cooper  street,  between  Crumley  street  and  Georgia  avenue. 


Double  Tracks  on  Forsyth  Street. 

The  Atlanta  Eailway  Company  is  granted  the  right  to  double  track  south  Forsyth 
its  railroad  on  Forsyth  street,  between  Alabama  street,  and  a  point  T""^'   ^ 

'  i  Approved 

between  Castleberrv  and  Fair  streets.  -'^p"1  24,  1897. 


496 


Street  Railway  Fraxchises. 


Grants  to  the  Atlanta  Railway  Company  to  Use  Parts  of 
Mitchell,  Davis,  Magnolia,  Chapel,  West  Fair,  Chest- 
nut, Greensferry  Avenue,  Lee,  Park,  Ashby,  East  Mitchell, 
Capitol  Avenue,  Woodward  Avenue,  Kelly,  Glynwood 
Avenue,  Grant,  Augusta  Avenue,  Cherokee  Avenue, 
Church,  Cain,  Orme,  Mills,  Luckie  and  Hemphill  Avenue. 

REPORT   OF   committee. 


Your  Committee  on  Electric  and  Other  Railways,  to  whom  was  sub- 
mitted the  petitions  of  the  Atlanta  Railway  Company  to  construct, 
Oct.  19,  189S.  electrically  equip  and  operate  the  lines  of  railway  in  said  petitions 
way^com^ny.  fctatcd,  bcg  to  report  that  they  have  given  the  same  the  fullest  consid- 
Preambie.  cratiou ;  that  they  have  also  held  repeated  open  sessions,  at  which  the 
representatives  of  the  Atlanta  Railway  Company  and  of  the  Atlanta 
Consolidated  Street  Railway  Company  were  heard,  besides  many 
citizens  interested  in  the  territory  affected  by  such  routes,  the  com- 
mittee having  invited  discussion  and  information  from  all  parties 
at  interest,  and  have  also  taken  into  consideration  therewith,  and  as 
aifecting  the  same,  the  petition  and  amended  petition  of  the  Atlanta 
Consolidated  Street  Railway  Company,  for  privileges  over  the  Mitchell 
street  viaduct  and  a  part  of  the  streets  embraced  in  the  petitions  of 
the  Atlanta  Railway  Company.  Your  committee  has  also  personally 
inspected  all  streets,  tracks,  or  points  where  the  same  were  applied  for 
by  both  companies,  or  where  any  objection  or  change  of  route  had  been 
suggested. 

After  such  consideration  they  report : 

1.  Favorable,  that  authority  and  consent  be  given  to  the  said 
Atlanta  Railway  Company,  and  its  successors  or  assigns,  to  construct, 
electrically  equip  and  operate  its  street  car  tracks  for  the  period  of 
fifty  years,  and  thereafter  on  such  conditions  as  the  City  of  Atlanta 
may  then  impose,  on  the  following  routes,  viz :  Commencing  at  the 
corner  of  Chestnut  and  Magnolia  streets,  running  thence  along  Mag- 
nolia street  to  Davis  street,  thence  along  Davis  street  to  Mitchell 
street,  thence  along  Mitchell  street  to  the  Mitchell  street  viaduct,  now 
in  process  of  construction. 

Also  beginning  at  the  intersection  of  Cherry  and  Ashby  streets, 
thence  along  Ashby  street  to  Park  street,  thence  along  Park  street  to 
I^ee  street,  thence  along  Lee  street  to  Greensferry  avenue,  tlience  along 
(ireensferry  avenue  to  Chapel  street,  thence  along  Cbapcl  street  to 
Haynes  street,,  thence  along  Haynes  street  to  Mitchell  sti-cct.  llience 
as  to  both  of  these  lines  along  Mitchell  street  to  a  coniUH'tioii  w  itlt  tlu> 
tracks  to  be  laid  by  the  City  of  Atlanta  on  the  viaduct  now  being  con- 
structed on  Mitchell  street,  with  the  right  to  use  said  tracks  across 
said  viaduct,     '^^riic  tracks  to  Ik'  laid  aloni;-  Mitchell  street  in  coiistniet- 


Grants — 
Mitchell  and 
Magnolia  street 
routes. 


West  End 
route. 


Street  Railway  Franchises.  497 


ing  these  lines  to  be  a  double  track  between  Haynes  street  and  the  j,^^,,,^.  ^^^^^.^^ 
west  end  of  said  viaduct,  and  to  be  operated  as  such;  all  of  the  east ■  ^^'J.g^'^'i'^^l'^. 
bound  cars  running-  on  the  south  track  and  all  the  west-bound    cars  "fructioTand 
on  the  north  track.     But  this  grant  of  the  privilege  to  lay  double  "^''• 
tracks  in  Mitchell  street  between  Haynes  street  and  the  west  end  of 
the  viaduct  is  subject  to  the  right  of  the  Atlanta  Consolidated  Street 
Railway  Company,  if  it  so  desire,   to   hiy   one  of  these  tracks,   simul- 
taneously with  the  laying  of  one  track  between  these  points  by  the 
Atlanta  Railway  Company,  its  successors  or  assigns,  in  which  case 
both  of  these  tracks  shall  be  operated  by  both  of  said  companies,  their 
successors  and  assigns,  as  a  double  track  between  these  points. 

Also,  to  construct,  electrically  equip  and  operate  double  tracks  from 
the  east  side  of  said  viaduct  to  a  connection  with  the  city's  tracks  route*  ^^^^ 
across  said  viaduct  along  Mitchell  street,  east,  either  to  a  connection 
with  the  tracks  of  the  Atlanta  Consolidated  Street  Railway  Company 
on  Mitchell  street,  with  the  right  to  condemn,  upon  just  compensation 
to  the  Atlanta  Consolidated  Street  Railway  Company,  the  use  of,  and 
using  the  double  tracks  now  occupied  by  said  Atlanta  Consolidated 
Street  Railway  Company  on  Mitchell  street,  between  Forsyth  and 
Madison  avenue,  and  connecting  the  same  with  existing  street  car 
tracks  of  the  Atlanta  Railway  Company  on  Forsyth  street,  and  the 
line  hereinafter  authorized  to  Grant  Park  on  Cherokee  avenue,  the 
City  of  Atlanta  in  its  grant  to  Joel  Hurt  and  others  to  consolidate 
the  franchise  of  the  Atlanta  Street  Railroad  Company,  the  West  End 
and  Atlanta  Street  Railroad  Company,  and  other  street  railroad  com 
panics,  and  to  electrically  equip  and  operate  the  tracks  on  Mitchell  Mitchell 
street,  between  the  points  named,  having  reserved  the  right  to  permit 
other  street  railroad  companies  to  condemn  and  use  said  tracks  in  case 
of  necessity,  and  the  Mayor  and  General  Council  of  the  City  of  At- 
lanta hereby  adjudging  the  existence  of  such  necessity  of  condemnation 
in  the  present  case,  or  to  construct,  electrically  equip  and  operate  its  double— and 
double  tracks  along  Mitchell  street  to  the  connections  aforesaid  and  "se. 
connecting  with  the  same;  the  said  tracks  so  laid  to  have  the  outer 
rail  of  each  track  eight  inches  from  the  present  outer  rails  of  the 
tracks  of  the  Atlanta  Consolidated  Street  Railway  Company,  so  that 
the  rails  of  said  companies  will  be  eight  inches  apart,  upon  making 
proper  compensation  to  the  Atlanta  Consolidated  Street  Railway 
Company  for  the  paving  heretofore  paid  for  by  said  company,  and  for 
temporary  interference  with  the  tracks  of  said  Consolidated  company, 
the  use  of  such  tracks  so  to  be  laid  by  the  Atlanta  Railway  Company, 
its  successors  and  assigns,  between  Haynes  street  and  Loyd  street 
along  Mitchell  street,  to  be  subject  to  be  condemned  at  the  pleasure  of 
fcaid  city,  in  order  to  allow  other  street  car  companies  to  reach  and  use 
said  Mitchell  street  viaduct,  or  to  reach  the  center  of  the  city,  upon 
payment  of  just  compensation  to  the  Atlanta  Railway  Company,  its 


ten  cars  or  less 
— $50  for  each 
additional  car. 


498  Street  Railway  Fraxciiises. 

successors  or  assigns,  by  such  other  street  railway  companies,  for  the 
right  so  condemned,  but  this  right  to  construct  and  use  independent 
double  tracks  shall  cease  upon  the  successful  termination  of  condemna- 
tion proceedings,  to  acquire  the  right  to  use  the  tracks  of  the  Atlanta 
Consolidated  Street  Eailway  Company,  which  condemnation  proceed- 
ings the  Atlanta  Eailway  Company  shall  immediately  institute  and 
press  to  termination. 

2.  Said  Atlanta  Railway  Company,  and  its  successors  and  assigns. 
Rental  for  "^^all  pav  as  rental  for  crossing  the  Mitchell  street  viaduct,  and  using 
pe^r'^yea7to°  the  city's  railway  tracks  across  said  viaduct,  the  sum  of  five  hundred 
dollars  per  annum  for  the  first  ten  years,  seven  hundred  and  fifty  dol- 
lars i^er  annum  for  the  next  ten  years,  and  one  thousand  dollars  per 
annum  for  the  remaining  thirty  years.  Said  rental  shall  be 
payable  in  installments  of  one-fourth  of  said  sum  at  the  end 
of  each  quarter,  after  beginning  the  use  of  said  viaduct,  which 
payment  shall  be  in  full  for  the  use  of  said  viaduct  by  said  At- 
lanta Railway  Company,  its  successors  and  assigns,  so  long  as 
it  operates  over  the  same  ten  cars  or  less  on  its  lines ;  every  additional 
car,  in  excess  of  ten  cars  operated  on  its  lines  by  said  company,  or  its 
successors  or  assigns,  to  be  paid  for  at  the  rate  of  fifty  dollars  per  car 
per  annum.  Extra  cars  on  special  occasions  to  go  free.  But  the  pur- 
chase or  sale  by  the  Atlanta  Railway  Company,  its  successors  and 
consoiida-  assigus,  of  any  of  its  lines,  or  of  the  lines  of  any  other  street  railway 
reduce^'rentaK*  Company,  sliall  6ot  work  a  consolidation  of  these  lines  so  as  to  reduce 
the  annual  rental  to  be  paid  to  the  City  of  Atlanta  by  either  of  said 
companies  for  the  use  of  the  tracks  over  this  viaduct  required  to  be 
paid  by  each  of  said  companies  as  separate  companies  or  lines.  Pay- 
ment to  be  secured  by  bond  with  good  security  in  the  sum  of  one  year  s 
rental,  and  the  city  to  have  the  right  to  require  other  and  additional 
security,  from  time  to  time,  in  the  discretion  of  the  Mayor  and  General 
Council,  either  to  secure  the  payment  of  said  rental  or  for  the  indem- 
nifying said  city  against  loss  on  account  of  judgments  or  suits  for 
damages  to  persons  or  property  resulting  from  the  operation  of  the 
cars  or  machinery  of  said  company  or  its  successors  or  assigns. 

In  case  of  failure  on  the  part  of  said  Atlanta  Railway  Company,  or 
its  successors  or  assigns,  to  pav  any  such  installments  of  rent  when 

Effect  of  not  •    i  -       ^         -j  •- 

paying  rents,  duc,  the  right  ot  Said  Company,  or  its  successors  or  assigns,  to  cross 
said  viaduct  with  its  cars  and  machinery  shall  immediately  cease, 
and  the  same  result  shall  follow  the  failure  or  refusal  of  said  company, 
or  its  successors  or  assigns,  to  pay  off  any  judgment  or  decree  against 
the  City  of  Atlanta  for  damages,  resulting  from  the  operation  thereon 
of  the  cars  or  machinery  of  said  company,  its  successors  or  assigns, 
within  ten  days  after  the  payment  thereof,  by  said  city,  and  notice 
of  such  payment  to  said  company,  its  successors  or  assigns. 

'Pile  aiiKHint  of  animal  ri'iital  so  slii)ulaU'd   is  in[i'ii(hHl   Id  be    the 


Street  Railavay  Fraxchises.  499 

price  exacted  b}^  the  city,  and  paid  by  said  Atlanta  Railway  Company, 
its  successors  and  assigns,  for  the  annual  use  of  the  tracks  across  said 
viaduct  while  the  present  system  of  applying  electricity  as  a  motor 
for  street  cars  is  in  use;  said  company,  its  successors  or  assigns,  to  be 
at  no  expense  for  keeping  the  track  in  repair  while  the  viaduct  stands 
and  is  in  condition  for  such  use.  Jfotice  of  any  necessity  for  repairs 
to  be  given  the  city  in  writing  by  the  company,  its  successors  or  assigns, 
which  shall  not  run  cars  over  the  tracks  on  said  viaduct  while  in  an 
unsafe  condition. 

But  the  City  of  Atlanta  is  not  to  be  bound  to  rebuild  said  viaduct 
in  case  of  its  destruction,  or  when  it  is  worn  out,  nor  i<  said  City  of  tJ  rebuild  °"" 
Atlanta  to  be  bound  to  adjust  said  viaduct  or  tracks  to  newer  discov-  f'o"m^to°new"' 
cries  in  electricity,  nor  to  bear  any  expense  on  that  account,  nor  to  electricity, 
be  bound  for  damages  to  persons  or  property  injured  by  said  company, 
its  successors  or  assigns,  in  the  use  of  said  tracks  in  any  event ;  but  in 
every  such  case  the  damages  are  to  be  paid  by  the  company,  its  suc- 
cessors or  assigns. 

The  amount  of  annual  rental  so  stipulated,  is  to  cover  the  use  of 
said  viaduct,  and  the  tracks  thereon,  by  said  Atlanta  Railway  Com- 
pany, or  its  successors  or  assigns,  with  their  present  lines  of  railway, 
and  any  extensions  thereof,  which  may  be  l)uilt  or  laid  with  the  consent 
of  the  City  of  Atlanta,  subject  to  increase  for  additional  cars  as  afore- 
said. 

The  city  reserves  the  right  to  let  other  railway  companies  pass  over 
said  viaduct  and  use  said  Mitchell  street,  without  affecting  the   rental  nies  may  use 

.  viaduct    and 

to  be  paid  by  the  Atlanta  Railway  Company,  its  successors  or  assigns,  approaches  on 

for  the  use  of  said  viaduct ;  such  further  permission,    however,    to  street. 

preserve  to  the  Atlanta  Railway  Company,  its  successors  or  assigns, 

the  use  of  said  viaduct  as  herein  granted,  so  long  as  it  complies  with 

the  terms  of  this  grant,  and  not  beyond  the  period  covered  thereby,  and 

such  use  by  the  Atlanta  Railway  Company,  its  successors  or  assigns, 

not  to  be  exclusive.  • 

3.  Also  favorable,  that  authority  and  consent  be  given  to  said  At- 
lanta Railway  Company,  or  its  successors  or  assigns,  to  construct, 
electrically  equip  and  operate  the  following  additional  lines  of  rail-  ^^.^^^  p^^,,. 
way  for  the  same  period  of  fifty  years,  and  thereafter  on  such  condi-  ^°^^^- 
tions  as  the  City  of  Atlanta  may  then  impose,  to-wit:  Beginning  at 
the  terminus  of  petitioner's  present  tracks  at  Grant  Park,  on  what 
is  known  as  Cherokee  avenue,  thence  along  Augusta  avenue  to  Grant 
street,  thence  along  Grant  street  to  Glynwood  avenue,  or  along  Cher- 
okee avenue  to  Glynwood  avenue,  thence  along  Glynwood  avenue  to 
Kelly  street,  thence  along  Kelly  street  to  "Woodward  avenue,  thence 
along  Woodward  avenue  to  Capitol  avenue,  thence  along  Capitol 
avenue  to  Capitol  Square,  thence  along  Capitol  Square  to  Mitchell 
street,  thence  along  Mitchell  street  to  a  connection  with  petitioners' 


500  Street  Railway  Franchises. 

tracks  on  Forsyth  and  Mitchell  streets,  with  the  right  to  condemn  that 
portion  ol'  the  tracks  of  the  Atlanta  Consolidated  Street  Railway  Com- 
pany lying  on  Mitchell  street,  between  Broad  and  Forsyth  streets ;  the 
city  having  reserved  the  right  to  allow  the  condemnation  of  the  tracks 
on  this  portion  of  Mitchell  street  in  making  the  grant  to  Joel  Hurt 
and  others  to  consolidate  the  franchises  of  the  Atlanta  Street 
Railroad  Company,  West  End  and  Atlanta  Street  Railroad  Com- 
pany, and  other  street  railroad  companies,  and  to  electrically  equip 
and  operate  these  tracks,  in  case  of  necessity,  which  necessity  the  Mayor 
and  General  Council  now  adjudge  to  exist  in  the  present  case,  or  to 
lay  its  tracks  along  Mitchell  street  between  Broad  and  Forsyth  streets 
tracte^^on™*  to  connections  as  aforesaid,  witli  its  rail  nearest  the  sidewalk  eight 
fempmary°use.  inchcs  from  the  outer  rail  of  the  tracks  of  the  Atlanta  Consolidated 
Street  Railway  Company  on  said  street,  upon  making  just  compen- 
sation to  the  Atlanta  Consolidated  Street  Railway  Company  on 
account  of  pavements  heretofore  paid  for  by  it,  and  for  temporary 
interference  with  the  tracks  of  said  Consolidated  Company,  but  this 
right  to  construct  and  use  independent  double  tracks  shall  cease  upon 
the  successful  termination  of  condemnation  proceedings  to  acquire 
the  right  to  use  the  tracks  of  the  Atlanta  Consolidated  Street  Railway 
Company,  which  condemnation  proceedings  the  Atlanta  Railway  Com- 
pany shall  immediately  institute  and  press  to  termination.  The  tracks 
to  be  laid  by  the  Atlanta  Railway  Company  on  Mitchell  street  between 
Broad  and  Loyd  streets  shall  be  double  tracks. 

4.  Also  favorable,  that  authority  and  consent  l)e  given  to  the  At- 
lanta Railway  Company,  its  successors  or  assigns,  to  construct,  electric  ■ 
ally  equip  and  operate  its  line  of  railway  for  the  same  period  of  fifty 
years,  and  thereafter  on  such  conditions  as  the  City  of  Atlanta  may 
then  impose,  commencing  at  the  lines  of  petitioner  on  Church  and 
Ellis  streets,  thence  along  Church  street  to  Cain  street,  thence  along- 
Cain  street  to  Orme  street,  thence  along  Orme  street  to  Mills  street, 
thence  along  Mills  street  to  Luckie  street,  thence  along  Luckie  street 
to  Hemphill  avenue,  thence  along  Hemphill  avenue  to  the  city  limits, 
for  the  purpose  of  building  their  line  to  the  new  City  Waterworks. 

The  Atlanta  Railway  Company,  or  its  sucessors  or  assigns,  shall 
commence  the  building  of  all  the  lines  herein  granted  within  two 
months  from  the  approval  of  this  grant,  and  shall  complete  all  the 
lines  herein  granted  within. twelve  months  after  the  approval  ol'  this 
grant,  except  that  time  lost  in  consequence  of  legal  delays  shall  not  be 
counted  as  against  said  company  as  to  lines  affected  by  such  delays, 
snd  these  routes  are  granted  as  a  system  and  must  be  all  constructed 
and  operated  in  order  to  the  operation  of  any  of  the  lines  covered  by 
this  grant. 

All  tlic  lines  to  l)e  constructed   to  be  sin<ih'  tracks  with  necessarv 


Waterworks 
route. 


Street  Railway  Fhaxchises.  501 

turnouts,  switches  and  crossings,  except  where  otherwise  specified  in 
this  report. 

The  style  of  the  rail  to  be  used  by  said  company  in  making  said  ex- 
tension shall  be  subject  to  approval  by  the  Committee  on  ■  Electric  '^^''^'  *'*'^- 
and  Other  Eailways,  and  shall  be  changed  by  said  company,  its  suc- 
cessors or  assigns,  at  its  own  expense,  when  paving  or  repaving  of  a 
street  or  portion  of  a  street,  or  the  safety  of  a  street  requires  it,  in 
the  judgment  of  said  committee.  The  City  of  Atlanta  also  reserves 
the  right  to  have  all  the  materials  used  in  the  construction  of  said  road 
inspected  and  approved  by  said  committee,  and  also  to  have  the 
machinery  and  appliances  used  in  the  construction  and  operation  of 
said  road  subject  to  a  like  approval  of  said  committee,  and  the  final 
approval  of  the  Mayor  and  General  Council. 

And  the  erection  by  said  company  of  its  trolley  wires  and  other  con- 
struction and  appliances  for  operating  its  cars  shall  be  done  under  xroiiey  wires, 
the  supervision  of  the  Committee  on  Electric  and  Other  Eailways  and 
the  Board  of  Electrical  Control,  and  shall  be  done  wholly  at  the  ex- 
pense of  said  company.  And  the  trolley  system  may  be  discontinued 
by  the  city  as  provided  for  in  the  grants  to  other  street  railways.  The 
city  reserves  the  right  to  prescribe  location  of  poles,  wires  and  tracks, 
and  to  require  the  change  of  such  location  when  necesary,  in  the  dis- 
cretion of  the  Mayor  and  General  Council,  at  the  expense  of  the  com- 
pany, its  successors  or  assigns. 

Said  Atlanta  Railway  Company,   its  successors   or  assigns,   to  take 
the  privilege  herein  granted,  subject  to  all  laws  and  ordinances  now  subject  to  ex- 
in  force,  and  which  may  hereafter  be  enacted  or  ordained,  regulating  ture  laws  and 
the  building  and  operating  of  electric  street  railways,  or  the  crossing 
of  bridges  in  said  city,  and  especially  with  reference  to  speed,  fares, 
etc.,  on  bridges  and  elsewhere  in  said  city. 

The  grant  of  privileges  herein  made  is  subject  to  the  condition  that  • 
the  Atlanta  Railway  Company  shall  pay  to  the  City  of  Atlanta,  for  Paving, 
itself  and  the  abutting  property  owners,  the  value  of  all  belgian  block 
or  other  pavements  on  the  streets  occupied  by  it  under  this  grant  for 
the  width  prescribed  by  law ;  the  value  of  such  paving  to  be  ascertained 
and  fixed  by  the  Mayor  and  General  Council,  and  the  same  to  be  a  first 
lien  and  charge  upon  the  tracks  so  laid  on  such  streets  until  such  sum 
is  paid,  which  said  payment  shall  be  made  for  each  route  before  the 
paved  street  is  opened  or  occupied. 

And  on  condition  also  that  said  Atlanta  Railway  Company,  and  its 
successors  and  assigns,  by  accepting  this  grant,  or  operating  any  of  transfers 
the  lines  covered  by  this  grant,  agree  upon  the  payment  of  one  fare 
not  to  exceed  five  cents,  to  transport  any  passenger  from  his  initial 
point  within  the  limits  of  the  City  of  Atlanta,  to  his  destination  within 
the  City  of  Atlanta,  as  its  limits  now  exist  or  may  be  hereafter  ex- 
tended, by  continuous  passage  upon  any  line  or  lines  of  said  company. 


502  Street  Railway  Feanchises. 

its  siiccessors  or  assigns,  and  where  necessary  to  fnrnisli  a  transfer 
ticket,  without  additional  charge,  whenever  it  is  necessary  for  such 
passenger  to  change  to  a  car  upon  any  other  line  or  lines  operated  by 
said  company,  its  successors  or  assigns,  in  order  to  reach  such  desti- 
nation. 

This  grant  is  made  on  the  further  condition,  also,  that  the  said 
Taxes  etc  Atlanta  Eailway  Company,  and  its  successors  and  assigns,  shall  be 
liable  for  taxes  on  its  property,  a,nd  for  occupation  taxes  on  its  busi- 
ness as  other  taxable  property  in  said  city  is  taxed,  and  as  other  street 
railway  companies,  are,  or  may  be  required  to  pay  occupation  taxes; 
and  shall  also  pay  assessments  for  paving  and  repaving  streets  and 
portions  of  streets  occupied  by  the  tracks  of  said  company  made  under 
the  authority  of  the  charter  of  said  city  as  now  existing  or  hereafter 
amended. 

This  grant  is  made  on  further  condition,  also,  that  the  City  of  At- 
lanta reserves  the  right  to  condemn  such  portions  of  said  line  not  ex- 
ceeding five  blocks,  as  may  be  necessary  in  the  judgment  of  the  Mayor 
Approved          and  General  Council  for  allowing  other  street  car  companies  to  enter 
Oct.  19,  1898.   ^j^g  central  portion  of  the  city  upon  payment  of  just  compensation 
to  the  Atlanta  Railway  Company,  its  successors  or  assigns. 


Five  blocks 
subject  to  con 
demnation. 


Approved    Dec. 


Kind   of    Rails   to   be   Used   by    Atlaxta   Railway    Compaxy. 

To  the  Honorahlf  Maijor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways  having  had  under 
consideration  the  subject  of  the  character  and  style  of  rails  to  be  used 
by  the  Atlanta  Railway  Company  in  making  extensions  and  laying- 
tracks,  to  laying  which  authority  and  consent  was  granted  by  an  ordi- 
nance approved  October  19,  1898,  respectfully  reports  that  the  com- 
mittee has  discharged  its  duty  in  accordance  with  the  terms  of  said 
ordinance,  and  has  selected  and  approved  two  styles  of  rails ;  the  one 
to  be  used  on  unpaved  streets  being  the  Tee  rail,  shown  by  cut  hereto 
attached  and  marked  "A,"  and  having  dimensions  and  style  indicated 
on  said  cut,  and  also  by  the  figures  on  said  cut,  to-wit :  Xot  less  than 
four  and  one-half  inches  at  base,  six  inches  in  height,  and  about  two 
and  one-eighth  inches  on  the  head,  and  weighing  sixty  pounds  per  yard ; 
for  use  on  paved  streets  or  paved  portions  of  streets,  covered  by  said 
grant,  the  grooved  rail  indicated  by  cut  hereto  attched,  and  marked 
"B,"  and  by  figures  on  said  cut  as  to  size,  dimensions  and  style  of  rail, 
showing  five  inches  in  width  at  base,  and  nine  inches  in  height, 
two  and  one-half  inches  top  rail,  one  and  seven-sixteenths  inches 
width  of  groove,  one  and  one-quartiT  iiu-hcs  in  depth  of  groove  at 
the  deepest  point,  and  five-eighths  of  an  iiuli  depth  of  groove  at  the 
outside,  and  weighing  eighty-six  pounds  ])cr  yai'd. 


Street  Hait^way  Franchises.  503 

j\rODIFICATIOX  OF  RoUTE  IX  (il.'AXT  OF  OCTOBER  19,  1898,  TO  AtLAXTA 

Railway  Company\ 

report  of  committee. 

To  the  Ifunonihle  Majjor  and  General  Council  of  the  Citi/  of  Atlanta: 

Your  Committee  on  Electric  and  Other  Railways  having  had  under  Atlanta  Rail- 
consideration  the  petition  of  F.  M.  Simpson  and  other  citizens,  asking  '''^^  Company, 
that  the  Atlanta  Railwa}^  Company  be  permitted  to  construct  its  tracks, 
electrically  equip  and  operate  them  along  Fair  street  from  Chapel  pair  street, 
street  to  Chestnut  street,  thence  along  Chestnut  street  to  Greensferry 
avenue,  instead  of  running  on  Chapel  street  to  Greensferry  avenue  ^^^'  "^'  ^^^^' 
and  thence  on  Greensferry  avenue,  and  offering  to  donate  the  interest 
of  petitioners  in  the  pavement  on  Fair  street,  respectfully  report,  recom- 
mending that  authority  and  consent  be  granted  to  the  Atlanta  Rail- 
way Company,  at  its  option,  to  change  its  route  so  as  to  run  from 
Chapel  street  west  on  Fair  street  to  Chestnut  street,  and  thence 
through  Chestnut  street  to  Greensferry  avenue,  or  to  run  the  route 
originally  granted;  provided,  that  when  the  company  lays  its  tracks 
on  one  of  these  routes  the  privilege  to  lay  on  the  other  route  shall  be 
thereby  extinguished.  This  grant  to  be  subject  to  all  the  terms  and 
conditions  imposed  on  said  company  in  the  grant  of  various  street 
privileges  to  it  under  an  ordinance  approved  on  the  19th  day  of  Octo- 
ber, 1898.  It  is  to  be  stipulated  in  this  grant,  also,  that  said  company 
shall  be  chargeable  with  its  proportion  of  the  costs  of  paving  Fair 
street  coming  to  the  City  of  Atlanta,  and  for  all  abutting  owners  who 
have  not  or  do  not  voluntarily  waive  their  right  to  contribution  on 
this  account  from  said  company. 


Right  to  Use  Double  Tracks  ox  Mitchell  Street  Givex  the 
Atlaxta  Railway  Company. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways,  to  which  was 
referred  the  petition  of  the  Atlanta  Railway  Company,  such  reference  Atlanta  Kaii- 

•''-•''  way  Company. 

occurmg  on  the  5th  day  of  December,  1898,  asking  for  permission  to 

°   .  ^  ^1  Double    tracks 

continue  its  double  tracks  on  Mitchell  street  from  Loyd  street  to  Capi- — ^^itcheii  from 

•'  ^      Lovd  to  Capi- 

tol avenue,  through  Mitchell  street  and  Capitol  Square,  so  as  to  make  toi  avenue. 

the  double  track  continue  from  Broad  street  to  Capitol  avenue,  inelud-  Conditions  of. 

'■  ^  Oct.    19,    1898. 

ing  the  curve  at  the  intersection  of  Capitol  Square  and  Capitol  avenue.  ^    ^^^^^^ 
respectfully  report  favorably  that  authority  and    consent  be    granted  ^'^^^  ^s.  isss. 
to  lay  double  tracks  as  prayed  for  on  the  same  terms  and  conditions 
as  were  imposed  in  the  grant  of  various  street  privileges  to  said  At- 
lanta Railway  Company  by  an  ordinance  approved  on  the  19th  day  of 
October,  1898. 


504  Street  Kailway  Franchises. 


Modification  oe  Conditions  of  Grant  of  October  li»,  18i»S, 
TO  Atlanta  Railway  Company. 

Section  1.     The  ordinance  approved  on  the  19th  day  of  October, 

1898,  granting  authority  and  consent  to  the  Atlanta  Railway  Com- 

way  comifany'-i  paiiy,  its  successors  and  assigns,  to  cross  Mitchell  street  viaduct,  and 

grants     amend- 
ed. 


to  construct  and  operate  electric  street  railway  lines  along  Mitchell 
street  and  other  streets,  one  of  which  lines  passes  to  the  southwest 
through  the  first  and  seventh  wards,  and  the  other  to  the  west  through 
Mitchell,  Magnolia  and  other  streets  to  Chestnut  avenue,  is  amended 
t^lnTeTtnc*^*^'  SO  as  to  relieve  the  Atlanta  Railway  Company  from  certain  of  the 
franchise ™o  couditions  aimexcd  by  said  original  ordinance  to  the  granting  of 
way'company.  authority  and  consent  as  aforesaid,  to-wit :  The  City  of  Atlanta  relieves 
said  company  as  to  the  lines  to  be  constructed  under  said  original  ordi- 
nance from  the  right  reserved  by  the  Ci,ty  of  Atlanta  to  require  the 
granting  of  transfers,  and  the  regulation  of  fares  as  therein  provided 
for,  and  from  the  right  of  municipal  supervision  as  to  the  machinerv 
and  appliances  to  be  operated  on  said  lines,  without  in  any  way  modi- 
fying the  other  conditions  named  in  said  orisrinal  ordinance,  or  any 
of  the  conditions  in  any  previous  ordinance  granting  authority  and 
consent  to  said  Atlanta  Railway  Company,  or  its  predecessors  in  title 
or  ownership,  to  construct  and  operate  other  lines  of  street  railway  or 
parts  of  such  lines;  provided,  the  relief  herein  stipulated  is  granted 
on  condition  that  the  Atlanta  Consolidated  Street  Railway  Company 
shall  have  the  right,  upon  payment  of  one-half  of  the  expenses  of  con- 
street  Railway  structiou  and  maintenance,  to  use,  operate  and  own  one  of  the  street 

Company  to  _  ^  ;>      i 

have  the  right  railwav  tracks  now  being  constructed  by  the  Atlanta  Railway  Com- 

to  use   one  ^  o  .;  .' 

track  on  pany  between  the  west  end  of  the  Mitchell  street  viaduct  and  Mangum 

Mitchell  ^        •'  ^ 

street  via-        op  Havucs  strcct  at  its  intersection  with  Mitchell  street,  according  as 

duct     upon  .  "  :>  o 

certain  condi-  it  first  builds,  in  which  event  both  of  said  companies  shall  operate  the 
double  tracks  on  Mitchell  street  between  Broad  street  and  said  Man- 
gum  or  Haynes  street  as  elected  jointly,  and  all  cars  of  either  com- 
pany going  west  shall  use  the  track  on  the  north  side  of  the  street, 
and  all  cars  coming  east  shall  use  the  track  on  the  south  side  of  the 
street,  between  the  points  named;  provided  also,  that  said  Atlanta 
Consolidated  Street  Railway  Company  shall  not  enjoy  the  right  to 
acquire  one  of  the  tracks  between  the  west  end  of  the  viaduct  and 
Mangum  or  Haynes  street,  as  aforesaid,  except  iii)oii  compliance  by 
said  company  with  the  conditions  annexed  to  the  grant  this  day  made 
to  it,  requiring  the  dismissal  of  its  bill  of  exceptions  in  the  case  of 
the  Atlanta  Consolidated  Street  Railway  Company  against  the  At- 
lanta Railway  Company  and  the  City  of  Atlanta  touching  the  con- 
demnation and  use  of  its  double  tracks  on  Mitchell  street  between 
Broad  street  and  Madison  avenue,  and  its  appeal  from  the  award  of 
assessors  fixing  the  damages  to  be  paid  to  it  by  the  Atlanta  Railway 


Street  Eailway  Fkanchises.  505 

Company  for  the  use  of  its  double  tracks  on  Mitchell  street  between 
the  points  named. 

Sec.  2.     All  ordinances  and  ])arts  of  ordinances  in  conflict  with  Approved 
the  foregoing-  ordinance  be,  and  the  same  are  hereby  repealed.  ^'^'■-  ^^'  ^^^^• 


Grant  to  the  Atlanta  Railway  Company  to  Use  Simpson  Street 
Instead  of  Church  and  Orme  Streets. 

report  of  committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railroads  report  u})on  the 
petitions  of  the  Atlanta  Railway  Company  as  follows : 

Favorably,  that  authority  and  consent  be  granted  the  Atlanta  Rail- 
way Company,  its  successors  and  assigns,  to  construct,  electrically 
equip  and  operate  lines  of  street  railway  as  follows : 

To  lay  a  single  track  from  the  intersection  of  Spring  and  Simpson 

•^  ^  ,     From  Spring 

streets  connecting  with  the  Atlanta  Railway  and  Power  Company's  and    Simpson 

"  •'  i.        J       along    Simpson 

Spring  street  line,  and  thence  along  Simpson  street  to  Orme  street,  and  to  Orme. 
to  connect  there  with  the  route  heretofore  granted  the  Atlanta  Rail- 
way Company,  October  19,  1898,    and   if    this  line  is  built  and  con- 
nected as  aforesaid,  said  Atlanta  Railway  Company  is  relieved  from  J^ei'eyed  from 

^  •'  r       J  building    on 

obligation  to  build  along  Church  street  and  Orme  street  to   Simp-  church  and 

'^  .  c?  ^     Orme  streets. 

son  street. 

This  grant  is  made  subject  to  all  the  conditions  specified  in  grants 
made  to  or  for  the  use  of  the  Atlanta  Railway  Company  approved  C""'^'*^'°"^- 
October  19,  1898,  and  of  all  previous  and  subsequent  grants  to  said 
company,  or  to  any  of  its  predecessors  in  title,  and  subject  also  to  all 
existing  laws  and  ordinances  regulating  the  construction,  operation 
and  government  of  street  railways,  and  such  as  may  be  hereafter  made  ^^,g  25,  1399. 
applicable  to  the  subject,  and  also  to  the  further  condition  that  these 
grants  shall  expire  with  the  expiration  of  the  grants  to  the  Atlanta 
Railway  Company  approved  October  19,  1898. 


506  Street  Eailway  Franchises. 

Grants  to  Joel  Hurt  and  A.  A.  Glasier^  Representing  Cer- 
tain Lines  Merged  into  the  Atlanta  Consolidated  Street 
Railway  Company,  also  Various  Grants  to  the  Atlanta 
Consolidated  Street  Railroad  Company. 


On  the  petition  of  Joel  Hurt  and  A.  A.  Glasier,  representing  the 
Consolidated.     Atlanta  Street  Bailroad  Compan}-,  the  West  End  and  Atlanta  Street 
Eailroad  Company,  the  Gate  City  Street  Eailroad  Company,  and  the 
Fulton  County  Street  Railroad  Company,  and  the  Atlanta  and  Edge- 
wood  Street  Eailroad  Company,  your  committee  report : 

1st.     Favorable,  that  authority  and  consent  be  given  to  the  Atlanta 

Street  Eailroad  Company  to  lay  and  maintain  double  track>  on  Ma- 

etta  and  Deca-  rietta  street,  from  and  across  Peachtree  street,  and  to  connect  with 

lines.         '      the  Decatur  street  line  to  the  city  limits,  and  to  equip  and  operate  the 

same  with  the  overhead  electric  system ;  also 

2d.  The  Decatur  street  line  of  said  company,  from  and  across 
Peachtree  street  to  its  present  terminus,  and  to  double  track  said  street 
within  twelve  months,  and  to  operate  the  same  with  the  overhead 
electric  system;  also  that 

3d.  The  Atlanta  and  Edgewood  Street  Railroad  Company  may 
lay  and  maintain  a  line  of  tracks  upon  and  along  the  Boulevard  from 
Boulevard  line.  Edgcwood  avcuuc  to  Highland  avenue,  the  same  being  an  extension 
of  the  company's  existing  line  of  road,  to  connect  with  the  Fulton 
County  Street  Eailroad's  line  on  the  Boulevard  at  Highland  avenue ; 
also  to  lay  and  maintain  a  line  of  track  as  an  extension  of  existing 
line  into  Inman  Park  and  along  Edgewood  avenue,  Hurt  street, 
Euclid  avenue  and  Elizabeth  street  back  to  the  present  terminus  of 
the  railway  at  Elizabeth  street.  Also  that  authority  and  consent  be 
given  to  equip  and  operate  the  said  tracks  with  the  overhead  electric 
system;  and  also  for 

4th.     Atlanta  Street  Eailroad  Company  to  substitute  for  the  single 

track  on  Whitehall  street  a  double  track  from  the  city  limits  to  Ala- 

Doubie  track    ^^^^^  street,  to  construct  and  continue  a  double  track  along  Alabama 

conMlr^^  ^^^  street  to  Broad  street,  to  maintain  the  present  single  track  along 

Edgewood  ave-  Broad  street  and  across  the  bridge,  to  connect  with  the  present  electric 

railroads  on  Broad  street  and  Edgewood  avenue  on  the  north  side, 

and  to  equip  and  operate  said  tracks  with  the  overhead  electric  system; 

$5,000  to  be      provided,  that  when  the  City  of  Atlanta  builds  a  new  bridee  across 

paid  towards  . 

Broad  street    or  ovcr  the  railroad  on  Broad  street,  said  street  railway  companv  cross- 
bridge.  .  .'  r      ^ 

mg  or  occupying  said  new  bridge  on  Broad  street  is  hereby  required 

to  pay  in  cash  to  the  City  of  Atlanta  tlie  sum  of  live  thousand  ($5,000) 


Street  Railway  Franchises.  507 

dollars,  and  shall  pay  its  pro  rata  share  to  maintain  or  keep  up  said 
bridge  so  long  as  they  occupy  it. 

5th.     The  street  railroad  company  shall  put  the  said  streets  so  occu- 
pied in  good  condition,  and  keep  them  so  for  the  width  that  is,  or  may  ^*''^^*   repairs. 
be  hereafter,  required  by  ordinance. 

6th.     The  rail  to  be  used  shall  be  approved  by  the  Electric  Light  ^aiis. 
and  the  Street  Eailroad  Committee  and  the  City  Engineer. 

7th.  Should  any  permanent  paving  or  other  improvements  allowed 
by  city  charter,  or  any  amendment  thereof,  or  any  general  law  passed  p^''^"^- 
by  the  General  Assembly  of  Georgia,  be  hereafter  put  down  on  any 
of  the  streets  over  which  privileges  are  hereby  granted,  whether  per- 
manently improved  now  or  not,  then  the  said  companies  shall  be  re- 
quired to  pay  their  pro  rata  as  may  be  required  by  city  charter,  or 
any  amendment  thereof,  or  any  general  law  passed  by  the  General 
Assembly  of  Georgia. 

8th.  Work  in  good  faith  shall  be  actually  commenced  within  three 
months  from  the  date  of  the  adoption  of  the  report  on  each  of  the  lines  Time, 
of  street  railroad  covered  by  this  grant,  and  the  same  shall  be  finished 
in  twelve  months  from  date.  The  grant  as  to  any  line  shall  stand 
forfeited  as  to  that  line  if  such  work  is  not  commenced  thereon  or 
completed  within  the  time  indicated. 

9th.     That  the  right  to  condemn  such  portions  of  said  lines,  not 
exceeding  five  blocks,  as  may  be  necessary  for  the  allowing  of  other  may  be  con- 
street  car  companies  to  enter  the  central  portion  of  the  city  is  hereby 
reserved,  upon  payment  of  just  compensation  to  the  company. 

10th.     The  change  to  electric  motive  power  shall  not  interfere  with 
the  location  of  the  city's  lights  in  the  center  of  the  street,  and  per-  Lights  not  in- 

.      .  .  .  p  T  1  terfered    with. 

mission  IS  given  for  only  one  trolley  wire  with  necessary  overhead 
curves,  switches  and  turnouts  over  each  line  of  track,  it  being  under- 
stood that  the  motive  power  is  to  be  applied  by  what  is  known  as  the 
overhead  single  trolley  system,  to-wit,  that  now  in  use  in  Atlanta. 

11th.     That  the  citv  reserves  the  right  to  have  the  overhead  svstem  ^, 

_  ^  "  '^  •'  Changre  system. 

changed  if  the  same  should  prove  dangerous. 

12th.     x\ll  overhead  construction  to  be  under  the  supervision  of  the 
Mayor   and    General    Council,   through   its    appropriate   committees,  supervision. 
The  location  of  tracks,  establishing  grades,  rate  of  speed  and  other  ^.^^    ordinan- 
lunning  and  supervisory  regulations  shall  be  subject  to  the  ordinances  '^^^• 
of  the  Mayor  and  General  Council  now  in  force  or  hereafter  made. 

13th.  The  respective  companies  shall  pay  for  permanent  paving 
or  other  improvements  allowed  by  city  charter,  or  amendment  thereof,  ^'^^  ^°'^  paving. 
or  any  general  law  passed  by  the  General  Assembly  of  Georgia,  on  the 
streets  occupied  by  them,  such  amount  as  now  is,  or  may  hereafter 
be,  required  by  city  charter  or  any  amendment  thereof,  or  any  general 
law  passed  by  the  General  Assembly  of  Georgia. 

14th.     The   authority   and   consent  given   to   said   street   railroad 


508 


Street  Kailway  Fkaxchises. 


coiiipunics  respectively  are  given  with  tlie  understanding  that  the 
same  may  be  enjoyed  by  the  Atlanta  Consolidated  Street  Railway  Com- 
pany when  it  shall  acquire  the  property  and  franchises  of  said  compa- 
nies, or  any  of  them,  and  subject  to  limitation  expressed  above. 

15th.  That  should  said  companies,  or  any  of  them,  build  on  any 
Ftreet  which  is  laid  with  belgian  blocks  or  rubble,  then  said  companies 
shall  pay  for  one  tract  and  three  feet  on  each  side. 


Space    to    be 
paved. 


Broad,  Ala- 
bama, Loyd, 
Waverly, 

Washington, 
etc. 


Conditions     of 
May    20,    18!)1. 

June  19,    181)1. 


Report  of  Committee  on  Petition  of  the  Atlanta  Street  Rail- 
road COMP>ANY  FOR   PERMISSION  TO   LaY    DoUBLE     TrACKS    ON 

Broad^  Alabama^  Loyd,  Loyd  to  Waverly  Place,  Waverly 
Place  to  Washington,  Washington  to  Trinity  Avenue 
(for  Communication  from  Joel  Hurt,  President,  and 
Counter-Petitions  from  Merchants  on  Alabama  Street, 
see  Original  Papers  of  File  with  the  City  Clerk),  and  to 
Equip  and  Operate  tpie  same  with  the  Overhead  Electric 
System. 

Your  committee  report  favorable  that  authority  and  consent  be 
given  the  Atlanta  Street  Railroad  Company  to  lay  and  maintain 
double  tracks  from  Broad  street,  connecting  with  the  present  Broad 
street  lines,  along  Alabama  street  to  Loyd,  along  Loyd  to  Waverly 
Place,,  along  Waverly  Place  to  Washington,  along  Washington  to 
Trinity  avenue,  and  to  equip  and  operate  the  same  with  the  overhead 
electric  system;  thence  to  continue  a  single  track  from  Trinity  ave- 
nue, along  Washington  to  Jones,  along  Jones  to  Capitol  avenue,  and 
along  Capitol  avenue  to  the  present  terminus. 

Also  from  Jones  street  on  Capitol  avenue  along  Capitol  avenue  to 
Fair  street,  along  Fair  to  Trinity  avenue  and  along  Trinity  to  connect 
with  the  double  track  at  the  junction  of  Washington  and  Trinity  ave- 
nue, and  to  equip  and  operate  the  same  Avith  the  overhead  electric 
system. 

Also  that  authority  and  consent  be  hereby  given  the  Atlanta  Street 
Railway  Company  to  extend  its  single  track  from  Alabama  street, 
along  Broad  to  Hunter,  thence  along  Hunter  street  to  Whitehall 
street  to  connect  with  the  present  Whitehall  street  line. 

And  that  permission  be  granted  to  rebuild  the  present  single  ti-aek 
along  Whitehall,  from  Hunter  street,  to  connect  with  the  (loul)le 
tracks  on  Alabama  street,  instead  of  the  double  tracks  along  Whitehall 
from  Hunter  to  Alabama  street,  for  which  a  permission  was  hereto- 
fore granted. 

Said  lines  to  be  subject  to  all  of  tlie  laws  and  conditions  us  an-  eon- 
tained  in  a  grant  on  the  petition  of  Joel  Hurt  and  A.  A.  Glasier,  rep- 
resenting the  Atlanta  Street  Railroad  Company,  and  other  com])anies, 
approved  May  20,  1891. 


West  End  and 


Street  Eailway  Franchises.  509 

Petition  of  the  Atlanta  Street  Railroad  for  Certain 
Franchises. 

Upon  the  several  petitions  of  H.  E.  W.  Palmer,  president  of  the 
different  street  railroad  companies  herein  mentioned,  your  committee 
report  favorable. 

1st.     That  anthority  and  consent  is  liereby  given  to  the  West  End 
and   Atlanta   Street  Eailroad   Company  to  lay  double  tracks   along  Atlanta!" 
Broad  street  from  Alabama  street  to  Mitchell  street,  along  Mitchell  Alabama  along 
street  to  Thompson  street,  along  Thompson  to  ISTelson,  along  Xelson  Thompson,  Nei- 
to  Walker ;  thence  to    continue    or    rebuild   the    present  single  track  etc' 
along  Walker  to  Peters,  along  Peters  to  Leonard,  along  Leonard  to 
Ella  and  along  Ella  to  the  city  limits ;  to  operate  and  equip  the  same 
with  the  overhead  electric  system. 

2d.     And  also  to  the  Fulton  County  Street  Railroad  Company  to 

•'  v        J  Fulton    Countv 

extend  its  tracks  along  West  Peachtree  street  from  Linden  avenue  to  Company. 
Fifth  street :  also  on  Courtland  street  from  Houston  street  to  Edge-  '^^'est   Peacu- 

^       tree.  Linden  to 

wood  avenue :  also  on  Courtland  street  from  Linden  avenue  to  North  Fifth,    couit- 

land,    Houston 

avenue,  and  along  Xorth  avenue  to  Calhoun  street  (Piedmont  avenue)  to  Edgewood, 

,  along:  Linden 

north  to  the  city  limits :  to  equip  and  operate  the  said  lines  with  the  to  ^"ortii  ave- 
overhead  electric  system.  mont  to  limits. 

3d.     And  also  to  the  Atlanta  Street  Railroad  Company   to   extend  .  , 

^        •  Atlanta    Com- 

its  Marietta  street  line  along  Jones  avenue  from  Marietta  street  to  p^ny- 

Gray  street,  thence  on  Gray  street  to  Simpson  street,  thence  on  Simp-  jo^neI"avenur" 

son  street  to  Walnut  street,  and  to  equip  and  operate  the  same  with  ciray  and  simp- 

^      ^  J-  son  to   W  alnut. 

the  overhead  electric  system. 

The  city  reserves  the  right  to  charge  for  the  use  of  Jones  avenue 
bridge. 

4th.  And  also  to  the  Metropolitan  Street  Railroad  Company  to 
equip  and  operate  its  lines  with  the  overhead  electric  system,  as  fol-  jts^^vhorJIfnel 
lows :  On  South  Pryor  street  from  x\labama  street  to  the  city  limits,  on 
Garnett  street  from  Pryor  to  Pulliam,  along  Pulliam  to  Clarke,  along 
Clarke  to  Washington,  and  along  Washington  to  Ormond  street ;  also 
on  Georgia  avenue  from  Pryor  street  to  Grant  Park. 

5th.     And  also  to  the  Gate  City  Street  Railroad  Company  to  extend 
its  track  from  Wheat  street,  corner  of  Jackson,  along  Jackson  to  con-  f^fj^-e  HnesT'*^ 
nect  with  the  Atlanta  and  Edgewood  Street  Railroad  Company,  on 
Edgewood  avenue,  and  to  equip  and  operate  the  same  with  the  over- 
head electric  system. 

•  And  also  to  the  West  End  and  Atlanta  Street  Railroad  Company  to 
put  single  tracks  along  Elliott  from  Xelson  to  Mitchell,  along  Mitchell 
to  Haynes,  along  Haynes  to  Thurmond,  along  Thurmond  to  Elliott 
and  along  Thurmond  from  Elliott  to  the  electric  plant ;  to  equip  and 
operate  the  same  with  the  overhead  electric  system. 

And  also  to  the  West  End  and  Atlanta  Street  Railroad  Company 


)10  Street  Kailway  Feaxchises. 

Conditions  of    ^"  cxteiid  its  siugle  track  along  Xelson  street  from  Walker  street  to 
lay  20,  1891.    Tatiiall  street,  and  along  Tatnall  street  to  West  Hunter  street  and 
along  West  Hunter  street  to  the  city  limits;  to  equip  and  operate  the 
same  with  the  overhead  electric  system. 

Also  to  the  Atlanta  Street  Eailroad  Company  to  build  an  extra  track 
on  Broad  street  from  Alabama  street  to  connect  with  the  tracks  on 
Marietta  street,  so  as  to  have  double  tracks  along  Broad  street,  and 
across  the  bridge  from  Alabama  to  Marietta  street,  and  to  equip  and 
operate  the  same  with  the  overhead  electric  system. 

The  said  street  railroad  companies  shall  be  subject  to  all  of  the  laws 
and  conditions  contained  in  a  grant  on  the  petition  of  Joel  Hurt  and 
A.  A.  Griasier,  representing  the  Atlanta  Street  Eailroad  Company  and 
other  street  railroads,  approved  May  30,  1891,  except  the  time  of  com- 
pletion of  work  shall  be  eighteen  months  instead  of  twelve  months. 

Provided,  said  street  railroad  property  shall  be  subject  to  be  taxed 
a?  other  property  is  taxed  for  city  purposes. 


Geaxt  to  Atlaxta  Street  Eailroad  Compaxy  ox  Poxce  de  Leox 
axd  Xorth  Avexues. 

report   of    COMiriTTEE. 

On  the  Petition  of  H.  E.  W.  Palmer,  President  Atlanta  Street  Eail- 
road Company,  your  committee  report  favorable. 

That  authority  and  consent  is  hereby  given  the  said  company  to 

repair,  and  when  necessary  to  re-build  its  lines,  on  Ponce  de  Leon  ave- 

Ponce  de  Leon  uuc  and  Xorth  aveuue  from  the  city  limits  to  Peachtree  street,  thence 

nues  from  lim-  ou  Peaclitrec  Street  to  ISTorth  avenue,  thence  along  North  avenue  to 

tree,  ete.*^^'' '    connect  with  Marietta  street  line  at  the  junction  of  Marietta  street 

and  Xorth  avenue,  and  to  equip  and  operate  the  same  with  the  over- 

Jiead  electric  system. 

Subject  to  all  the  laws  and  terms  as  are  contained  in  a  grant  to  said 
street  railroad  company  and  other  street  railroads,  upon  petition  of 

Conditions    of  T-«r%. 

May  20,  1891.   Jocl  Hurt  and  Mr.  Glasier,  adopted  May  20,  1891,  and  approved  ]\Iay 
July  16,  1891.    20,  1891. 

Work  to  be  commenced  in  thirty  day.s  and  completed  in  six  mouths. 


Petitiox  of  Atlaxta    Street   Eailroad    Compaxy    for  Certaix 
Privileges. 

Atlanta,  Ga.,  August  17,  1891. 
To  the  Tlonorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 
We,  tlie  undersigned  Atlanta  Street  Eailroad  Company,  do  respect- 


Street  Eailway  Franchises.  511 

fully  petition  your  lionorablc    l)ody    for    permission  to  lay  tracks  on 
the  following  streets : 

1st.     To  connect  with  a  douMe  track  curve   the  Edgewood  avenue 
tracks  with  the  single  tracks  now  on  North  Pryor  street,  and  the  right  elrtain"%xten- 
to  extend  as  a  single  track  this  through  North  Pryor  street  to  connect  ^,e°"^ons!'^  ^°^ 
with  the  tracks  on  Peachtree  street. 

Also  the  right  to  extend  the  double  track  now  on  Broad  street  up  to 
I'eachtree,  and  on  Peachtree  street  as  far  as  Ellis,  uniting  them  at 
this  point  into  a  single  track.  Also  the  right  to  unite  the  present  Hous- 
ton street  tracks  to  the  Broad  street  tracks,  the  present  Peachtree  street 
tracks  with  the  Broad  street  tracks,  and  the  present  Luckie  street 
tracks  to  the  Broad  street  tracks,  in  accordance  with  the  plan  herewith 
csubmitted. 

2d.  On  Grant  street  single  tracks  with  the  necessary  turnouts  from 
the  Decatur  street  tracks  to  Jones  street,  through  Jones  street  to  Park 
street,  through  Park  street  over  the  Metropolitan  Street  Eailroad 
Company's  tracks  to  South  Boulevard.  This  line  to  be  equipped  and 
operated  with  the  overhead  single  trolley  electric  system. 

3d.  Also  the  right  to  connect  the  Alabama  street  lines  with  the 
Metropolitan  line,  corner  Alabama  and  Pryor  streets,  by  double  curve 
tracks. 

And  that  authority  and  consent  be  and  is  hereby  given  the  said 
street  railroad  company,  with  the  understanding  that  the  same  may 
be  enjoyed  by  the  Atlanta  Consolidated  Street  Eailroad  Company 
when  it  shall  acquire  the  property  and  franchises  of  the  said  compa- 
nies. Atlanta  Street  Eailroad  Company, 

By  W.  S.  Larendon,  Acting  General  Manager. 

REPORT   OF   committee. 

Favorable,  being  subject  to  all  laws  and  ordinaces  that  are  now  in 
force  governing  street  railroads,  and  all  the  terms,  laws  and  regula- 
tions heretofore  adopted  governing  the  different  street  railroads  under 
grant  adopted  by  the  Council,  May  20,  1891,  and  approved  by  the 
Mayor  same  day,  on  petition  from  Joel  Hurt  and  Mr.  Glasier  for  oper- 
ating the  different  lines  of  the  Consolidated  Eailroad. 

The  authority  and  consent  is  withheld  so  as  not  to  extend  further 
than  Houston  street,  and  no  authority  is  given  to  make  any  changes  Aug.  i9,  ma. 
between  Houston  and  Ellis  streets. 


512 


Street  Eailway  Franchises. 


Petition  of  the  Gate  City  Street  Eailroad  Company  for  Per- 
mission TO  Equip  and  Operate  its  Street  Railroad  ^YITH 
THE  Single  Trolley  Overhead  Electric  System  on  Jackson 
Street,  from  Wheat  Street  to  Ponce  de  Leon  Avenue,  and 
from  Jackson  Street  along  Ponce  de  Leon  Avenue  to  the 
Boulevard;  also  the  Eight  to  Lay  Another  Track  on  the 
Boulevard  to  the  City  Li:\iits. 


Petition    for 
Jackson  street 
and    Ponce   de 
Leon   avenue. 


To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 
We,the  undersigned  Gate  City  Street  Eailroad  Companv.  respect- 
fulh^  petition  your  honorable  body  for  permission  to  equip  and  operate 
with  the  overnead  single  trolley  electric  system  our  tracks  on  Jackson 
street,  from  Wheat  street  to  Ponce  de  Leon  avenue,  and  from  Jackson 
street  along  Ponce  de  Leon  avenue  to  the  Boulevard.  Also  the  right 
to  lay  another  track  alongside  the  present  track  on  the  Boulevard  from 
Ponce  de  Leon  avenue  to  the  city  limits,  making  the  proper  connec- 
tions to  our  double  tracks  now  on  Ponce  de  Leon  avenue;  this  line  to 
be  equipped  and  operated  with  the  overhead  single  trolley  electric  sys- 
tem. 

And  that  the  authority  and  consent  are  given  the  said  street  railroad 
company,  with  the  understanding  that  the  same  may  be  enjoyed  by 
the  Atlanta  Consolidated  Street  Eailway  Company  when  it  shall 
acquire  the  property  or  franchises  of  the  said  company. 

Gate  City  Street  Eailroad  Company, 

By  H.  E.  W.  Palmer,  President. 


report  of  committee. 


Favorable,  subject  to  all  laws  and  ordinances,  rules  and  regulations 
Sept.  25, 1891.    heretofore  passed  in  granting  authority  to  the  several  street  railroad 
companies  for  electric  system  by  petition  of  Joel  Hurt  and  Mr.  Glasier 
in  the  Whitehall  and  other  lines,  approved  May  30,  1891. 


Petition  of  Atlanta  Consolidated  Street  Eailway  Coinipany 
TO  Connect  With  Tracks  of  Metropolitan  Street  Eailroad 
Company  at  Pryor  and  Alabama  Streets. 


Atlanta,  Ga.,  Julv  27,  1891. 
To  the  Jloiwrahlc  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  petition  of  the  Atlanta  Consolidated  Street  h'ailway  Company 
oui-ve  track     respcctfully  asks  your  honorable  body  that  they  may  be  allowiwl  to  hiv 

corner    Ala-  ,         i  t      ,  ,  .'  .' 

bama  and        a  curvG  track  arouud  the  southwest  corner  of  Alabama  and  Prvor 

Pryor    streets. 

streets  to  connect  tlierel)y  th(>  Pryor  street  line  of  tlie  ]\retro])olilan 
Street  Eailroad   with  tlie  Alabama  street  line  of  th(>  Atlanta   Slnvt 


Street  Kailway  Franchises.  513 

Eailroad,  and  to  temporarily  remove  such  paving  at  the  junction  of 
Pryor  and  Alabama  streets  as  may  be  necessary  for  the  construction 
of  the  aI)ove  mentioned  curve  track. 

Atlanta  Consolidated  Street  Railway  Company^ 

By  H.  I.  Bettis^  General  Manager. 

report  of  committee. 

Favorable,  upon  petition  of  tlie  Atlanta  Consolidated  Street  Kail- 
way  Company  asking  that  they  be  allowed  to  lay  a  curve  track  around 
the  southwest  corner  of  Alabama  and  Pryor  streets,  to  connect  thereby  Approved  Aug. 
the  Pryor  street  line  of  the  Metropolitan  Street  Eailroad  with  the  '' 
Alabama  street  line  of  the  Atlanta  Street  Railroad,  and  to  temporarily 
remove  such  paving  at  the  junction  of  Pryor  and  Alabama  streets  as 
may  be  necessary  for  the  construction  of  the  above  mentioned  curve 
track. 


Report  of  Com^^iittee  Allowing  the  Atlanta  Consolidated 
Street  Railway  Company  to  Put  Double  Tracks  on  Jones 
Avenue  from  Marietta  Street  to  Gray  Street,  as  Shown 
by  Attached  Plat.  (For  Plat  see  Original  Papers  of 
File  in  the  City  Clerk's  Office.) 

Your  Electric  Light  and  Street  Railroad  Committee  recommend  the 
Atlanta    Consolidated     Street    Railroad    Company    be    allowed    to 
put  down  double  tracks  on  Jones  avenue,  from  Marietta  street  to  Gray  idated'^  stre°t 
street,  as  shown  by  attached  plat.     The  Atlanta  and  Chattahoochee  pam™^'^  ^""" 
River  Railway  Company  have  the  right  to  condemn  the  south  track  on 
Jones  avenue  and  use  the  same  by  paying  the  Atlanta  Consolidated 
Street  Railway  Company  the  actual  cost  to  them  of  constructing  said  siTrietta'^to^' 
south  line,  with  interest  on  same  to  date  of  condemnation;  the    said  ''*^' 
Atlanta  Consolidated  Street  Railway  Company  to  use  the  north  line 
of  track  on  Jones  avenue.     The  two  roads  crossing  each  other  at  Ma- 
rietta street  and  Jones  avenue,    and    also    at    Gray  street  and  Jones 
avenue,  both  companies  to  use  the  same  or  separate  overhead  construc- 
tion or  electric  equipment. 

This  to  be  subject  to  the  original  grants  and  such  other  regulations 
as  may  be,  or  become,  necessary  in  the  use  of  these  tracks  by  said  com- 
panies ;  provided,  also,  that  the  said  companies  shall  not  run  cars  paral-  uishts  of  River 
lei  along  these  tracks,  but  shall  run  them  so  as  to  discommode  the  pub-  ^''"'^^^^■ 
lie  as  little  as  possible ;  the  Atlanta  and  Chattahoochee  River  Railway 
Company  to  pay  for  the  cost  of  changing  the  special  works  at  Gray 
street  and  Jones  avenue,  and  also  at  Marietta  street  and  Jones  avenue ; 
also  one-half  the  cost  of  the  double  tracks  on  Marietta  street  between 


514  Street  Kailway  Fran-chises. 


Nov.    19,    ISOl. 


Jones  avenue  and  Alexander  street.  The  accompanying  diagram 
marlced  "A"  (on  file  with  original  papers  in  City  Clerk's  office)  shows 
the  jjlau  as  above  expressed. 


Action  of  Council  Approving  the  Merging  of  Certain  Lines 
OF  Street  Railroad  into  the  Atlanta  Consolidated  Rail- 
way Company. 

petition. 

To  the  Ilonorahlc  Mayor  and  General  Council  of  the  Citji  of  Atlanta: 

s^Hdated*^°""  "^'^^^  petition  of  the  Atlanta  Consolidated  Street  Railway  Company 
stj^et^J^aiiway  shows  that  sincc  the  twentieth  day  of  May,  1891,  its  charter  has  l:)ecn 
Charter  con-  confirmed  by  the  General  Assembly  of  Georgia,  and  authority  to  pur- 
Right  given  to  chase  other  street  railroads  has  been  given  to  it,  and  it  has  purcliased 
roads°*  "  ^11  of  the  property  and  franchises  of  the  following  street  railroad  com- 
Snta''°s"t?eet'^'"  P^^^^s  in  Atlanta,  Ga.,  to-wit :  The  Atlanta  Street  Railroad  Com- 
?am'° west°""  P^^^'  ^^^^  ^^' ®s*  ^""^^  ^^^  Atlanta  Street  Railroad  Company,  the  Gate 
S'^kte"'^ouv:City  Street  Railroad  Company,  the  Fulton  County  Street  Railroad 
ri"°lti;n"tf  ^''  Company,  and  The  Atlanta  and  Edgewood  Street  Railroad  Company. 
Comp'in!ir°"''  1^  P^ays  tlie  consent  of  the  Mayor  and  Council  of  Atlanta  for  it  to 
Asks  permis-     operate  Said  lines  according  to  prior  grants  to  said  companies  respect- 

sion  to   operate     -^  v,  i  o  i  i 

ively. 

It  claims  that  the  right  to  do  so  already  exists,  but  wishes  to  have 
its  franchises  free  from  any  question  or  possibility  of  doubt. 

Atlanta  Consolidated  Street  Railway  Company^, 
Bv  Joel  Hurt.  President. 


them  all. 


set    fortl 
grant    of    Ma 
50,  1891. 


resolution. 

Whereas^  The  Atlanta  Consolidated  Street  Railway  Companv  has 
purchased  the  rights,  property  and  franchises  of  the  following  street 
oonSmons,"  as  I'a^lroad  companies  in  Atlanta,  to-wit :  The  Atlanta  Street  Railroad 
Company,  the  West  End  and  Atlanta  Street  Railroad  Company,  the 
Gate  City  Street  Railroad  Company,  the  Fulton  County  Street  Rail- 
road Company,  and  the  Atlanta  and  Edgewood  Street  Railroad 
Company ; 

Resolved,  That  the  rights  and  franchises  consented  to  and  gi'aiitcil 
to  said  several  street  railroad  companies  and  to  said  Ailaiila  Consol- 
idated Street  Railway  'Company  in  anticipation  of  siu-h  pui'diascs. 
made  by  the  Mayor  and  Council  of  the  City  of  Allaiila  on  llie  twen- 
tieth day  of  Ma}',  1891,  as  appears  by  the  minutes  of  the  Mayor  and 
Council  on  pages  683,  68-1:,  685,  686,  and  approved  by  the  Mayor  on 
May  20,  1891,  and  all  subsequent  grants  made  to  eitlicr  of  said  com- 
panies, are  liereby  reconsented  and  regranted  to  said  .Vthmta  CoihoI- 


Street  Railway  Fkanchises.  515 

idated  Street  Kailwa}'  Company  on  the  terms  specified  in  the  said 
grants  and  consents  both  as  to  privileges  and  obligations. 

x\nd  the  Mayor  and  Council  of  iVtlanta  consent  that  said  Atlanta 
Consolidated  Street  Eailway  Company  may  exercise  upon  and  in  the 
streets  of  said  city  heretofore  occupied  by  said  companies  respectively 
all  the  rights  and  privileges  heretofore  owned  or  possessed  by  either  of 
said  companies  respectively,  including  the  rights  of  extension  to  any  of 
said  lines  granted  by  the  Mayor  and  Council  of  Atlanta  on  said  date 
in  1891,  and  subsequently  thereto. 

Provided,  however,  that  nothing  heroin  shall  operate  as  an  extension 
of  the  time  fixed   within  which  anything  was  required  to  be  done  on  i^J^'^IgJi.'^  ^^'^' 
any  of  said  lines  as  a  condition  to  the  right  granted  thereon  to  con- 
struct any  street  railroad,  or  part  of  the  same,  on  any  street  or  streets. 


Atlanta  Consolidated  Street  Railway  Company  Given  the 
Eight  to  Lay  Teacks  on  Peters  Street  from  Leonard  to 
Tracks  Under  Central  of  Georgia  Railroad. 

Atlanta,  Ga.,  April  IS,  1892. 
To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 

The  Atlanta  Consolidated  Street  Railway  Company  respectfully  Atlanta  consoi- 
petitions  for  the  right  to  connect  its  lines  on  West  Peters  street  by  Ramvay^  com- 
building  from  Leonard  street  to  connect  with  the  line  running  under  p""-^' 
the  Central  Railroad  tracks  from  Whitehall  street.  The  right  is  re-  s^t^eerilni'wft'i' 
quested  in  the  interest  of  .  convenience  and  safety  to  the  traveling  ^^  '"**^"  ''"''• 
public  and  a  more  successful  operation  of  the  lines.  ig^isgl  ^^^^^ 

iVTLANTA  Street  Railway  Company, 

By  Joel  Hurt,  President. 


Petition  of  the  Atlanta  Consolidated  Street  Railway  Com- 
pany' TO  BE  Allowed  to  Electrically  Equip  and  Operate  its 
Line  on  Peachtree  Street. 

Atlanta,  Ga.,  April  4,  1892. 
To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 

The  Atlanta   Consolidated   Street  Railway  Company  respectfully  Atlanta   con- 
]^titions  for  permit  to  electrically  equip  and  operate  its  line  on  Peach-  Itreef^Raiiroad 

tree  street.  '  Company. 

In  presenting  this  petition  we  submit,  that  when  a  similar  petition  ^tfeet.*"^^^ 
was  before  your  body  about  a  year  ago,  the  company  did  not  urge  upon 
you  the  granting  of  the  same,  because  of  a  desire  on  tjie  part  of  the 
company  to  allow  the  citizens  on  the  street  ample  time  in  which  to 
see  the  operations  of  the  various  other  lines  throughout  the  city. 


516  Street  Railway  Franchises. 

Accompanyiug  this  will  be  found  a  petition  from  a  large  number 
of  citizens  living  on  the  street,  many  of  whom  a  year  ago  opposed  an 
electric  line,  now  asking  the  company  to  electrically  equip  and  operate 
the  street. 

We  think  this  petition,  which  has  come  without  solicitation  from 
the  company,  is  abundant  proof  of  the  good  work  which  has  been  ac- 
complished so  far  by  the  electric  lines,  and  as  this  is  one  of  only  two 
of  the  company's  lines  yet  operated  by  horse-power,  it  is  the  desire  of 
the  company  to  do  the  work  as  early  as  possible,  if  it  is  to  l)e  done  at 
all.  x\tlanta  Consolidated  Street  Eailway  Company, 

By  Joel  Hurt^  President. 

report  of  committee. 

Atlanta,  Ga.,  April  18,  1892. 
To  the  HonoraUe  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  Lights  and  Control,  having  consid- 
ered the  petition  of  the  Atlanta  Consolidated  Street  Eailway  Com- 
pany hereto  annexed,  respectfully  report  as  follows : 

"We  respectfully  recommend  that  authority  and  consent  be  given  for 

said  company  to  electrically  equip  and  operate  tracks  on  Peaclitree, 

Peachtree,        Wcst  Poachtrec  and  Pryor  streets,  and  to  make  all  necessary  connec- 

West    Peach-  ''  '  • 

tree,  Pryor,      tions  with  their  tracks  on  Marietta,  Broad,  Pryor  and  other  streets, 

etc.  ^  7  „ 

such  tracks  to  be  as  follows : 

On  Peachtree  street  a  single  track  from  Marietta  street  to  Houston 
street  and  from  Baker  street  to  the  city  limits,  and  double  tracks  from 
Houston  street  to  Baker  street ;  on  West  Peachtree  street  a  single  track 
from  Baker  street  to  the  city  limits;  on  North  Pryor  fctreet  a  single 
track  across  Houston  street,  and  from  Houston  street  to  the  intersec- 
tion of  Pryor  and  Peachtree  streets. 

This  franchise  is  granted  subject  to  the  same  conditions  as  were 
Conditions  of  annexed  to  the  franchises  granted  to  the  Atlanta  Street  Railroad  Com- 
grYntl°'  ^^^^  P^^y?  '^"^^  other  street  railroad  companies,  by  action  of  the  Mayor  and 
General  Council  of  Atlanta  held  on  May  19,  1891,  and  a])proved  l)y  the 
Mayor  on  May  20,  1891. 


April  21,  1892. 


Double  Tracks  on  Alabama  Street. 

Your  Committee  on  Electric  Lights  and  Control  report  as  follows : 

1st.     Recommend  that  the  privilege  of   double-tracking   Alabama 

street  be  not  extended;  but  that  said  company  iiiav  doulile  track  thai 

Alabama  street,  ,  -_        ^  ..,  ,        .,. 

etc.  street  from  Broad  to  Loyd  under  the  privilege  and  wit  Inn  the  time 

heretofore  granted,  or  may  at  their  option  and  within  ilie  time  afore- 
said double  track  Alabama  street  to  Pryor  street,  and  electrically 
equip  the  double  tracks  there  and  the  single  track  to    Hunter   from 


Street  Railway  Franchises.  517 

Pryor  along  Alabama  to  Loyd,  Waverly  Place  and  Washington  street, 
and  in  that  event  make  necessary  connections  with  the  tracks  of  the 
Metropolitan  Company  on  Pryor  and  Hunter  streets. 

2d.     That  said  company  be  denied  the  privilege  of  changing  its  ter-  Apl-iT^i!  1892. 
minus  on  Capitol  avenue  as  prayed  for. 


-irgia    ave- 


rjria    ave- 
Pryor   to 


Double  Tracks  on  Pryor  Streets. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

The   Atlanta    Consolidated   Street   Railway   Company   respectfully  Atlanta  con- 
petitions  your  honorable  body  for  permission  to  lay  double  tracks  on  street  Railway 
Pryor  street  from  its  present  terminus  near  Alabama  to  Georgia  ave- 

^  °  I'lyor     street, 

nue,  and  to  equip  and  operate  Pryor  street  to  the  city  limits  with  the  AiaUama 
overhead  electric  system. 

Also  for  permission  to  electrically  equip  and  operate  Georgia  avc 
nue  from  Pryor  street  to  its  station  near  Grant  Park.  Grant  Park. 

Atlanta  Consolidated  Street  Railway  Company, 

By  Joel  Hurt,  President. 

REPORT   OF   committee. 

Atlanta,  Ga.,  February  20,  1893. 
To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railroads  respectfully  report 
on  the  annexed  petition  of  the  Atlanta  Consolidated  Street  Railway  ^"'"*' 
Company,  as  follows :    Favorable,  that  authority  and  consent  be  given   ^  '  '  ' 
to  the  Atlanta  Consolidated  Street  Railway  Company  as  in  said  peti-  istin^  and  fu- 
tion  asked,  on  condition  that  the  construction  or  change  of  said  lines  ordinances.*" 
from  steam  power  to  electric  power  shall  be  under  the  supervision  of 
the  City  Engineer,  and  the  rails  used  to  be  of  a  pattern  approved  by 
him  and  the  Committee  on  Electric  and  Other  Railroads.     The  said 
street  railway  company  shall  replace  any  paving  removed  for  the  pur- 
pose of  laying  or  relaying  tracks  in  as  good  condition  as  before  the 
work  was  entered  upon,  and  shall  be  liable  for  all  damages  to  persons 
or  property  resulting  from  the  doing  of  the  work,  or  a  failure  to  keep 
the  several  streets  in  repair  for  the  space  of  eleven  feet,  including  its 
tracks.     This  grant  is  made  on  condition,  also,  that  said  street  rail- 

1     11   ,     1  -.  -,  Feb.    23,   1893. 

way  company  shall  hold  and  operate  these  lines  subject  to  all  the  laws 
and  ordinances  now  of  force,  and  such  as  mav  be  hereafter  made. 


518  Street  Eailway  Feanchises. 

Petition  of  the  x\tlanta  Consolidated  Street  Railavay  Com- 
pany FOR  Permission  to  Substitute  Double  for  Single 
Track  on  Peachtree  Street  from  Pine  Street  to  the  City 
Limits. 

The   Atlanta   Consolidated   Street  Railway   Company  respectfully 
Peachtree-      petitions  yoiir  honorable  body  for  permission  to  substitute  for  the  sin- 
p?ne  to  Vimftl  gle  tracks  on  Peachtree  street  double  tracks  from  the  end  of  the  turn- 
out near  Pine  street  north  to  the  city  limits. 

Atlanta  Consolidated  Street  Railway  Company, 

By  Joel  Hurt,  President. 

report  of  committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  Citij  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways,  on  the  attached 
Grant-  petition  of  the  Atlanta  Consolidated  Street  Railway  Company,  report 

Mry'20,  i89i.   favorable,  upon  the  following  conditions: 

That  said  Company  shall  use  the  Gurder  rail,  designated  as  Section 
"Y,"  No.  236,  manufactured  by  the  Johnson  Company,  and  subject 
to  all  the  conditions  imposed  in  ordinance  adopted  May  30,  1891, 
granting  to  Joel  Hurt  and  A.  A.  Glasier,  representing  the  Atlanta 
Street  Railway  Company,  West  End  and  Atlanta  Street  Railway  Com- 
pany, and  others,  certain  privileges  for  street  railway  purposes. 


May  17, 1893. 


Piedmont- 
Pine   to  limits. 


Petition  of  the  AtlanTx\.  Consolidated  Street  Railway  Com- 
pany FOR  Permission  to  Lay  Tracks  and  Electrically  Equip 
AND  Operate  a  Line  on  Piedmont  Avenue  from  Pine  Street 
North  to  City  Limits. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  Atlanta  Consolidated  Street  Railway  Company  respectfully 
petitions  your  honorable  body  for  permission  to  lay  its  tracks  on  Pied- 
mont avenue  from  Pine  street  north  to  the  city  limits,  and  to  equip 
and  operate  the  same  with  the  overhead  electric  system. 

Atlanta  Consolidated  Street  Railway  Co:\ipany, 

By  Joel  Hurt,  President. 

REPORT   OF   committee. 

Favorable,  that  autliority  and  consent  be  given  the  Atlanta  Con- 
solidated Street   Railway   Company   to   lay    and   maintain  a  line  of 

Grant— subject  *  nx-«.  i  n     i       n  -jT-i 

to  existinp;  and  tracks  ou  Picdmont  avenue  from  Pme  street  north  to  the  citv  limits, 

future  laws  and  .,1,1  1         i      i      j.    •  "  j. 

ordinances.        dnd  to  cquip  and  oi)erate  the  same  with  the  overhead  electric  system. 
Work  in  good  failli  sli;ill  he  actunlly  coinintMieod  within  nincly  days 


Street  Railway  Franchises.  519 

from  tlie  date  of  the  adoption  of  this  report,  and  shall  be  finished  with- 
in four  months  from  the  date  of  said  adoption.  The  grant  as  to  this 
line  shall  stand  forfeited  if  such  work  is  not  commenced  thereon  or 
completed  within  the  time  indicated. 

The  construction  of  this  extension  shall  be  under  the  supervision 
of  the  City  Engineer,  and  the  rails  to  be  used  to  be  of  a  pattern  ap- 
proved by  him  and  the  Committee  on  Electric  and  Other  Railroads. 

The  street  railroad  company  shall  replace  any  paving  removed,  for 
the  purpose  of  laying  tracks,  in  as  good  condition  as  before  entered 
upon,  and  shall  pay  the  city  and  abutting  property  owners  for  the  pav- 
ing now  on  the  street  as  if  it  were  laid  after  the  tracks  were  down. 

This  grant  is  made  on  condition  that  the  said  street  railway  com- 
pany shall  hold  and   operate   this   line   subject   to   all   the  laws  and   ^''  "^'  ^^'^' 
ordinances  now  of  force  and  such  as  may  be  hereafter  made. 


Petitiox  of  the  Atlanta  Con.solidated  Street  Railway  Com- 
pany TO  Electrically  Equip  and  Lay  Tracks  on  Hunter^ 
Eraser  and  Eair  Streets,  etc. 

Atlanta,  Ga.,  March  6,  1893. 
To  the  Honorahle  Mayor  nnd  General  Council  of  the  City  of  Atlanta: 

The   Atlanta    Consolidated   Street   Railway   Company  respectfully  hunter— Pr 
petitions  your  honorable  body  for  permission  to  electrically  equip  and  an^  ^other"^*"* 
operate  single  tracks  on  Hunter  street  from  Pryor  street  to  Washing-  "Streets. 
ton  street,  thence  double  tracks  to  Eraser  street,  thence  single  tracks 
to  King  street,  and.  if  deemed  desirable,  to  extend  said  single  tracks 
to  Grant  street.     Also  single  tracks  on  Eraser'  street  from  Hunter 
street  to  Eair  street.     Also  double  tracks  on  Eair  street  from  Park 
avenue  to  Grant  street,  and,  if  deemed  desirable,  to  extejid  said  double 
tracks  on  Eair  street  to  King  street,  and  single  tracks  on  King  street 
from  Eair  to  Hunter  street.     Also  single  tracks  on  Eair  street  from 
King  street  to  Eraser  street. 

Also  to  substitute  for  the  single  tracks  on  Park  avenue  double 
tracks  from  Eair  street  to  Grant  Park,  and  to  equip  and  operate  all 
of  the  above  proposed  routes  with  the  overhead  electric  system,  making 
all  necessary  connections;  the  right  being  continued  to  operate  Eair 
street  line  to  its  present  terminus  by  steam,  as  heretofore  existing. 
Atlanta  Consolidated  Street  Railway  Company, 

By  Joel  Hurt,  President.     . 

REPORT   of   committee. 

To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 
On  the  annexed  petition  of  the  Atlanta  Consolidated  Street  Rail- 


520  Stkeet  Railway  Franchises. 

way  Company,    your    Committee    on    Electric    and    Other    Eailways 
respectfully  report  as  follows : 

Favorable,  that  authority  and  consent  be  given  said  Street    Rail- 

to^^exisun^^'^'^^  way  Company  to  construct  and  electrically  equip  and  operate  its  tracks 

iT^  and'^ordi-  °^  ^^^^  f ollowiug  strects,  upon  the  conditions  named  below : 

nances.  Q^^  Huntcr  street,  single  track  from  Pryor  to  Washington    street, 

thence  double  tracks  to  Fraser  street,  thence  single  tracks  to  King 

street,  and,  if  deemed  desirable,  to  extend  said  single  tracks   to  Grant 

street. 

Also  single  tracks  on  Fraser  street  from  Hunter  street  to  Fair 
street.  Also  double  tracks  on  Fair  street  from  Park  avenue  to  Grant 
street,  and,  if  deemed  desirable,  to  extend  said  double  tracks  on  Fair 
street  to  King  street,  and  single  tracks  on  King  street  from  Fair  to 
Hunter  street. 

Also  single  tracks  on  Fair  street  from  King  street  to  Fraser  street. 
Also  to  substitute  for  the  single  tracks  on  Park  avenue  double  tracks 
from  Fair  street  to  Grant  Park,  and  to  equip  and  operate  all  of  the 
above  proposed  routes  with  the  overhead  electric  system,  making  all 
necessary  connections.  Said  company  shall  not  be  allowed  to  come 
into  the  center  of  the  city  by  steam  cars  nearer  than  said  Park  avenue. 
The  conditions  upon  which  said  company  is  given  the  above  stated 
rights  are  as  follows :  Said  work  of  constructing  said  lines  of  street 
railway  shall  be  commenced  in  sixty  days,  and  shall  be  completed 
within  the  next  twelve  months  from  this  date.  The  construction  of 
this  work  shall  be  under  the  supervision  of  the  City  Engineer,  and  the 
rails  used  shall  be  approved  by  the  Committee  on  Electric  and  Other 
Railways  from  the  City  Council  of  Atlanta. 

Said  street  railway  company  shall  replace  any    paving,    taken    up 
by  it  in  its  work,  in  as  good  condition  as  before  same  was  removed. 
This  grant  is  made  on  further  condition  and  that  said  street  rail- 
^  way  company  shall  hold  and  operate  its  lines  subject  to  all  laws  and 

ordinances  now  of  force,  and  all  that  may  be  hereafter  enacted. 

Upon  failure  to  perform  any  of  these  conditions,  said  rights  shall 
cease. 


Street  Railway  Filvxchises.  521 

Petition  of  the  Atlanta  Consolidated  Street  Railway  Com-  • 
PANY  TO  Lay  Tracks  on  Smith  Street  from  Whitehall  to 
Glenn  Street,  and  to  Equip,  and  Operate  the  Same  with 
the  Overhead  Electric  System.  Also  to  Electrically 
Equip  and  Operate  its  Line  on  Garnett  Street,  from  Pryor 
to  Pulliam,  along  Pulliam  to  Clarke,  Clarke  to  Washing- 
ton, Washington  to  Terminus.  Also  on  Loyd  from  Gar- 
nett to  Waverly  Place  and  to  Connect  with  Tracks  on 
Garnett  and  Waverly. 

Atlanta,  Ga-.,  March  6,  1893. 
To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  Atlanta   Consolidated   Street  Railway   Company   respectfully 
petitions  your  honorably  body  for  permission  to  lay  its  track  on  Smith  Whitehall  to 
street  from  Whitehall  street  south  to  Glenn  street,  and  to  equip  and 
operate  the  same  with  the  overhead  electric  system. 

Atlanta  Consolidated  Street  Railway  Company, 

By  Joel  Hurt,  President. 

Atlanta,  Ga.,  March  6,  1893. 
To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The   Atlanta  Consolidated   Street  Railway   Company  respectfully 
petitions  vour  honorable  bodv  for  permission  to  electricallv  equip  and  oamett,   Pui- 

"  .         i      1  liam       Clarke 

operate  its  line  on  Garnett  street,  from  Pryor  street  to  Pulliam  street,  and  'washing- 
thence  along  Pulliam  street  to  Clarke  street,  thence    along  Clarke 
street  to  Washington  street,  thence  along  Washington  street  to  the 
present  terminus  at  Ormond  street. 

Also  for  permission  to  electrically  equip  and  operate  Loyd  street 
from  Garnett  street  to  Waverly  Place,  and  to  connect  with  the  com- 
panj^'s  tracks  on  Garnett  street  and  Waverlv  Place. 

Atlanta  Consolidated  Street  Railway  Company, 

By  Joel  Hurt,  President. 

REPORT   OF   committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 

On  the  annexed  petitions  of  the  Atlanta  Consolidated  Street  Rail-  orant-subject 
way  Company,  your  Committee  on  Electrical  and  Other  Railways  f°jy^f*^|"^|/°'* 
respectfully  report  as  follows :  ""'^  ordinances. 

Favorable,  that  authority  and  consent  be  given  the  Atlanta  Consoli- 
dated Street  Railway  Company  to  construct  and  electrically  equip  and 
operate  its  tracks  on  the  following  streets,  upon  the  conditions  named: 

On  Garnett  street  from  Pryor  street  to  Pulliam,  thence  along  Pul- 
liam street  to  Clarke  street,  thence  along  Clarke  to  Washington  street, 
thence  along  Washington  to  the  present  terminus  at  Ormond  street. 

Also   to   electrically    equip  and  operate    Loyd  street  from  Garnett 


522  Street  Eailway  Franchises. 

street  to  Waverly  Place  and  to  connect  with  the  company's  tracks  on 
Uarnelt  street  and  Waverly  Place. 

Said  x\tlanta  Consolidated  Street  Eailway  Company  is  further  given 
authority  to  lay  its  tracks  on  Smith  street  from  Whitehall  street  south 
to  Glenn  street  and  to  electrically  equip  and  operate  the  same  with 
the  overhead  electric  system. 

The  conditions  upon  which  the  said  company  is  given  above  stated 
right  are  as  follows : 

Said  work  of  constructing  said  lines  of  street  railway  shall  be  com- 
menced within  the  next  sixty  days,  and  shall  be  completed  within  the 
next  six  months  from  this  date. 

The  construction  of  this  work  shall  be  under  the  supervision  of  the 
City  Engineer,  and  the  rails  used  shall  be  approved  by  the  Committee 
on  Electric  and  Other  Eailways  for  the  City  Council  of  Atlanta. 

Said  railway  company  shall  replace  any  paving  taken  up  by  it  in 
as  good  condition  as  before  it  was  removed  by  said  company  in  build- 
ing its  said  tracks. 

The  grant  is  made  on  further  conditions,  also,  that  said  street  rail- 
way company  shall  hold  and  operate  its  said  lines  subject  to  all  laws 
and  ordinances  now  of  force,  and  subject  to  such  as  may  hereafter  be 
made. 

Upon  failure  to  perform  any  of  these  conditions,  said  rights  herein 
granted  shall  be  void  and  of  no  effect. 


.Mar.    23,   1S93. 


Double  Tracks  ox    Edgewood    Avenue     axd    Single  Track  on 
Euclid  Avenue. 

On  the  petition  of  the  Atlanta  Consolidated  Street  Railway  ('oni- 
pany  for  permission  to  substitute  for  the  single  track  on  Edgewood 

Granted— sub-  -,       .-,  .       .  ,  . 

ject  to  exist-  avcnuc  doublc  tracks  from  the  present  terminus  near  the  east  end  ot 
laws  and  ordi-  the  bridge  over  the  R.  cv  D.  R.  R.  to  Delta  Place,  and  also  to  extend 
lines  to  be  so    its  tracks  On  Euclid  avenue  from  Hurt  street  to  the  citv  limits,  and  to 

held    and   oper-  .  " 

ated.  equip  and  operate  the  same  with  electricity,    your    Committee    on 

Electric  and  Other  Railways  report  as  follows : 

Favorable,  that  authority  and  consent  be  granted  said  company  to 
change  and  extend  its  tracks  as  prayed  for,  and  to  equip  and  operate 
the  same  with  electricity;  provided,  this  grant  is  made  subject  to  the 
following  conditions : 

1st.  The  work  of  constructing  and  equipping  electrically  said  lines 
of  street  railway  shall  be  commenced  within  sixty  days,  and  sliall  be 
completed  within  the  next  twelve  months  from  this  date. 

The  construction  of  this  work  shall  be  under  the  supervision  of  tbe 
City  Engineer,  and  the  rails  used  shall  be  approved  by  the  Committee 
on  Electric  and  Other  Railways  from  tbe  Citv  Council  of  Atlanta. 


Stkeet  JIailway  Franchises.  523 

Said  street  railway  eoinpany  shall  replace  any  paving,  taken  up  by 
it  in  its  work,  in  as  good  condition  as  before  same  was  removed. 

2d.     This  grant  is  made  on  the  further  condition,  that  said  street 
railway  company  shall  hold  and  operate  its  lines  subject  to  all  the  law-; 
and  ordinances  now  in  force,  and  all  that  may  be  hereafter  enacted  •^'"'''  ^^'  ^^''■^• 
regulating  the  construction  and  operation  of  street  railroads  in  said 
city. 


Grant  to  Electrically  Equip  Auburn  xV venue. 

On  the  petition  of  the  Atlanta  Consolidated  Street  Kailway  Com- 
pany for  permission  to  electrically  equip  its  present  tracks  on  Wheat  ject  to  existing 
street  from  Pryor  street  to  Jackson  street,  your  Committee  on  Elec-  laws  and  ordi- 


nances. 


trie  and  Other  Eailways,  respectfully  report  as  follows: 

Favorable,  that  authority  and  consent  be  granted  said  company  to 
electrically  equip  and  operate  with  electricity  its  said  tracks  on  Wheat 
street  from  Pryor  street  to  Jackson  street,  subject  to  the  following 
conditions,  to-wit: 

1st.  The  work  of  constructing  said  lines  of  street  railway  shall  be 
commenced  within  the  next  sixty  days,  and  shall  be  completed  within 
the  next  six  months  from  this  date. 

The  construction  of  this  work  shall  be  under  the  supervision  of 
the  City  Engineer,  and  the  rails  used  shall  be  approved  by  the  Com- 
mittee on  Electric  and  Other  Eailways  from  the  General  Council  of 
Atlanta. 

Said  railway  company  shall  replace  any  paving  taken  up  by  it  in 
as  good  condition  as  before  it  was  removed  by  said  company  in  build-  -^f"'  i^,  isqs. 
ing  its  said  tracks. 

2d.     The  grant  is  made  on  further  condition,  also,  that  said  street  j^ote-This 
railway  company  shall  hold  and  operate  its  said  lines  subject  to  all  eiectr!Lanv°* 
the  laws  or  ordinances  now  in  force,  and  subject  to  such  as  may  here-  [^e'lufrse  Mr 
after  be  made  regulating  the  construction  and  operation  of  street  rail-  '.^"nfin^'fpd  '^'*' 
road  in  said  city. 


Smitli  Street  Paving. 

The  Atlanta  Consolidated  Street  Eailway  Company  is  required  to 
pay  the  abutting  property  owners  on  Smith  street  for  their  proportion  ^mith   street— 

'■     "^  oij.^  11  pjjy  jpy  paving 

of  the  expense  of  rubble  stone  pavement  of  said  street  the  sum  of  '-equired. 
twenty  cents  (20)  per  lineal  front  foot,  and  that  if  this  amount  is  not  April  lo.  i894. 
paid  by  the  Atlanta  Consolidated  Street  Eailway  Company  within 
thirty  days  from  this  date,  that  executions  for  said  assessments  at 
above  named  rate  be  issued  and  collected. 


524  Street  Eailway  Franchises. 

Graxt  ox  West  Peaciitkee  ekom  PEAciiTitEi-:  to  Powers  Streets. 

REPORT   OF   committee. 

Favorably  upon  the  request  of  the  Atlanta  Consolidated  Street 
Eailway  Company  to  lay  its  tracks  on  West  Peachtree  street,  as 
follows : 

The    Committee    on    Electric     and     Other     Eailways,    to     which 
was    referred    the   accompanying    petition   of  the   Atlanta   Consoli- 
west  Peach-      ^''^^^(^  Street  Eailway  Company,  for  permission  to  lay  its  tracks    on 
tree.  West  Pcachtree  street  from  the  branch-oif  near  the  intersection    of 

Aujj.  21,  1S95.  Peachtree  and  West  Peachtree  streets  to  Powers  street,  snd  there  con- 
nect with  the  tracks  already  laid,  asking  also  the  right  to  lay  this 
track  without  any  requirement  to  pay  for  the  paving;  after  consider- 
ing said  petition,  respectfully  report  favorably  that  authority  and 
consent  be  granted  said  company  to  lay  the  track,  as  prayed  for,  and 
to  use  the  same  for  one  year  from  the  approval  of  this  grant  without 
being  required  to  pay  for  the  paving;  provided,  that  if  said  company 
shall  want  to  use  said  track  permanently,  or  for  a  longer  period  of 
time  than  one  year,  said  company  shall  then  pay  for  the  paving  of 
said  street  between  the  points  named  for  the  space  of  eleven  feet  in 
width,  at  the  present  value  of  said  paving,  which  is  to  be  estimated 
at  one-half  the  cost  of  the  paving,  said  payment  to  be  required  both 
on  behalf  of  the  city  and  of  the  owners  of  abutting  property,  except 
such  abutting  owners  as  may  waive  the  right  in  favor  of  said  com- 
pany to  reimbursement  on  that  account. 

The  grant  of  this  franchise  to  be  subject  to  the  same  conditions, 
with  reference  to  reimbursing  the  city  for  damages  occurring  to  per- 
sons or  property  from  the  construction  or  operation  of  the  road  at 
that  point,  and  subject  to  the  same  right  reserved  by  the  city  to  regu- 
late the  operation  of  said  road,  and  subject  to  the  same  liability  to 
pay  for  the  repaving  of  said  street,  and  subject  to  all  other  condi- 
tions annexed  to  previous  grants  of  franchise  to  said  company. 


Auburn   avenue 


Eemoval  of  Tracks  on  Auburn  Avenue. 

Resolved,  by  the  Mayor  and  General  Council  of  the  City  of  Atlanta, 
That  the  Atlanta  Consolidated  Street  Eailway  Company  be  and  is 
line  "discontin'^  hereby  authorized  to  remove  their  tracks  from  Auburn  avenue,  from 
1806.  '      Pryor  to  Jackson  streets,  and  that  all  rights  said  company  may  have 

to  occupy  said  Auburn  avenue  with  their  tracks  be  hereby  forfeited, 
said  company  having  notified  the  Mayor  and  General  Council  of  its 
purpose  to  abandon  said  street  between  the  points  named. 


Stkhet  Kailway  Fraxciiise8.  525 


Double  Tracks  on  Peaciitkee,  from  ^Marietta  Street  to 
Aragox  Hotel. 

The   Atlanta    Consolidated   Street   Railway    Company   respectfully  Adopted 
petitions  your  honorable  body  for  the  right  to  substitute  double  tracks  •'^"-  ^''  ■^^"^• 
for  single  tracks  along  Peachtree  street  from  the  Aragon  Hotel  to  ^^uWe'^track. 
Marietta  street,  and  to  make  the  necessary  special  work  connections  Approved 
with  all  intersecting  tracks.  •^""-  '-'''  '^''• 


ExTEXsiox  OF  Smith  Street  Line. 

report  of  committee. 

Upon  the  petition  of  the    Atlanta    Consolidated    Street    Railroad 
Company,  to  extend  its  line  from  its  present  terminus  at  the  inter  •  ^  ^^  " 
section  of   Smith   and   Glenn   streets,   committee  reports   as   former  street  lin"' 
report,  March  7,  1898,  viz :     Favorable  to  extend  the  Smith  street 
line  from  its  present  terminus  on  Smith  street  to  Glenn  street,  and  ditions. 
along  Glenn  street  to  Windsor,  and  along  Windsor  to  a  point  on  Wind- 
sor street  between  Hendricks  and  Doane  streets;  provided,  the  com- 
pany agrees  to  put  on  and  maintain  a  schedule  on  this  extension,  or 
remove  the  track  from  the  same,  after  due  notice  from  the  Mayor  and 
General  Council.     This  work  to  be  commenced  in  sixty  days  and "   '     ' 
completed  in  four  months  from  date  of  the  granting  of  this  petition. 


Grant  on  Lee  Street  from  Gordon  to  City  Limits, 
report  of  committee. 

Your  committee,  to  whom  was  referred  the  application  of  the  At- 
lanta Consolidated  Street  Railway  Company  to  extend  its  line  from  oordonTo  city 
the  intersection  of  Gordon  and  Lee  streets  out  Lee  street  to  the  cor-  ""^  ^' 
porate  limits,  report  as  follows,  to-wit :     That  authority  to  extend  its 
said  line,  as  above  indicated,  be  granted,  upon  the  following  condi- 
tions : 

1st.     That  the  schedule  from  the  intersection  of  Gordon  and  Lee 
streets  out  Gordon  street  shall  not  be  less  than  one  car  every  fifteen    ''""''°"'" 
minutes. 

2d.  That  the  schedule  from  the  intersection  of  Gordon  and  Lee 
streets  into  the  city  shall  not  be  less  than  one  car  every  fifteen  min- 
utes. 

3d.  That  the  schedule  from  the  intersection  of  said  streets  out 
Gordon  street,  or  into  the  city,  shall  be  not  less  frequent  at  night,  from 
8  p.  m.  until  the  cars  cease  to  run,  than  one  car  everv  thirtv  minutes. 


526 


Street  Eailway  Franchises. 


t'XCL'pt  that  if  a  competing  company  shall  build  a  line  parallel  with 
Gordon  street,  one  block  away  on  either  side,  that  the  schedule  on  said 
streets  may  be  less  frequent  to  such  an  extent  as  is  reasonable  under 
the  circumstances. 

The  said  franchise  to  extend  the  line  out  Lee  street  is  granted  upon 
Aug.  17,  1898.   ii^p  foregoing  conditions,  and  if  at  any  time  the  said  company  shall 
cease  to  comply  with  the  said  conditions   the  franchise  shall  cease. 


Double  Track  ox  Washington  Street. 


REPORT    OF   COMMITTEE. 


Wasliington 
street — double 
tracks. 


Granted. 
Conditions. 


To  the  Honorahle  Mayor  and  General  Council  of  the  City  of  Atlanta: 

Your  Committee  on  Electric  and  Other  Eailways,  to  which  was 
referred,  with  power  to  act,  the  petition  of  the  Atlanta  Consolidated 
Street  Railway  Company,  under  date  of  August  1,  1898,  asking  per- 
mission to  double  its  track  on  its  line  of  street  railway  on  Washington 
street,  between  Hunter  street  and  Trinity  avenue,  including  necessary 
switches  and  curves  at  the  intersection  of  Hunter  and  Washington 
streets,  respectfully  report  as  follows : 

Favorable,  that  authority  and  consent  be  granted  said  Atlanta  Con- 
solidated Street  Eailway  Company  to  lay  the  tracks,  turnouts  and 
switches  asked  for,  on  the  following  conditions : 

1st.  The  double  tracks  between  Hunter  street  and  Trinity  avenue, 
and  the  single  track  between  Trinity  avenue  and  Woodward  avenue, 
shall  be  laid  with  grooved  girder  rails,  like  or  similar  to  that 
shown  in  the  cut  which  is  hereto  attached  as  a  part  of  this  report,  and 
with  the  express  understanding  that  no  rail  shall  be  used  in  this  work 
inferior,  in  respect  of  size,  quality  or  pattern,  to  that  represented  in 
said  cut. 

2d.  And  on  the  further  condition  that  the  assessment  against  said 
company  and  its  property  for  repaving  Washington  street  shall  not 
be  affected  by  this  grant. 

8d.  And  on  further  condition  that  said  Atlanta  Consolidated 
Street  Eailway  Company  shall  be  governed,  as  to  this  work,  by  all  thi' 
conditions  annexed  to  grant.>  heretofore  made  to  it. 


Paving  on  Ciii:i;oki:i':  Avenue. 


Whereas,  The  City  of  Athiiita  is  opening  a  street  called  Clicrokee 
Sept.  19,  1898.  avenue,  at  the  west  side  of  L.  P.  Grant  Park :  and 

Whereas,  The  Atlanta  Consolidated  Street  Eailway  Coni|t;iny    has 
certain  tracks  and  rioht-of-wav  of  twentv-flve   feet    loi'   railwav  ani 


i 


Stheet  Hallway  Fkanciiises.  527 

station  purposes,   and   claims   the   privii('<ie   of   erecting   and    main- pjjgj.^^gg  ^^g_ 
taining    stations    in    tlie    proposed  roadway    of    said    avenue,    under  ""^  changes, 
alleged  grants  from  Thomas  L.  Johnson,  et  al.;  and  ^''f*-  2^'  ^^^^■ 

Whereas^  It  is  important  to  secure  the  assent  of  said  street  railway 
company  to  the  opening  of  said  avenue ;  to  this  end,  be  it 

Resolved,  by  the  Mayor  and  General  Council  of  the  City  of  Atlanta, 
That  the  Mayor  of  the  City  of  Atlanta  be,  and  he  is,  hereby  authorized 
to  execute  on  behalf  of  said  city,  with  the  said  Atlanta  Consolidated 
Street  Eailway  Company,  an  agreement,  based  on  the  assent  of  said 
street  railway  company,  to  the  opening  of  said  Cherokee  avenue,  to 
the  effect  that  said  company  shall  continue  to  have  the  right  to  main- 
tain tracks  and  operate  its  street  railway  in  said  avenue,  and  shall  be 
exempt  from  any  assessment  on  account  of  paving  the  roadway  of  said 
avenue  for  ten  years  next  after  the  opening  of  said  avenue,  and  shall 
have  the  right  to  erect  and  maintain  a  street  railway  station,  in  con- 
junction with  the  Atlanta  Eailway  Company,  at  the  point  where  the 
station  of  said  Atlanta  Eailway  Company  now  stands  since  its  removal 
from  its  former  location,  such  present  location  being  at  the  intersec- 
tion of  said  Cherokee  avenue  and  Augusta  avenue,  on  the  said  park 
property. 


Grant  Along  Hurt  and  Decatur  Streets. 

report  of  committee. 

Upon  the  petition  of  the  Atlanta  Consolidated  Street  Eailway  Com- 
pany, for  the  right  to  extend  its  present  Edgewood  avenue  line,  from  '^^"'  ^^'  ^^"^^^ 
Edgewood  avenue  along  Hurt  street  to  Decatur  street,  along  Decatur  nul;^  H°urt  t^ 
street  to  city  limits,  the  committee  reports  favorable,  the  said  railway  Decani   ^^^ 
company  being  required  to  keep  the  pavement  between  its  rails,  and  ^""'**' 
for  a  space  of  fifteen  inches  outside  of  the  outer  rails,  in  good  repair, 
subject  to  approval  of  the  City  Engineer. 


ur   to 


Double  Tracks  on  Park  and  Lee  Streets. 

report  of  committee. 

Upon  the  petition  of  the  Atlanta  Consolidated  Street  Eailway  Com- 
pany, for  the  right  to  double  track  its  West  End  line,  beginning  at  oouWe  tracks 
the  intersection  of  Peters  and  Park  streets,  along  Park  street  to  Lee  Lee  to  go  "don. 
street,  along  Lee  street  to  Gordon  street,  committee  reports  favorable, 
the  said  railway  company  being  required  to  so  repair  and  adjust  the 
pavement  as  to  meet  the  approval  of  the  City  Engineer ;  also,  to  keep 
the  pavement  between  its  rails,  and  a  space  of  fifteen  inches  beyond 


528  Street  Railway  Franchises. 

comiitions  ^^^®  outei'  I'ails,  in  such  good  repair  as  will  meet  the  approval  of  the 
City  Engineer;  the  city  reserving  the  right  to  in  future  require  such 
change  and  alteration  in  such  pavement  as  the  repavement  of  the 
street  referred  to  may  necessitate. 

REPORT    OF   COMMITTEE. 

Upon  the  petition  of  the  Atlanta  Consolidated  Street  Eailway  Com- 

P'^i^y?  ^or  the  right  to  lay  its  tracks  on  Lee  street,  connecting  with  its 

on  Lee  from     prescut  tracks  at  the  intersection  of  Lee  and  Gordon  streets  to  the 

Gordon   to   city  ^ 

limits.  city  limits,  and  equip  and  operate  same  with  the  overhead  electric  sys- 

tem, committee  reports  favorable  to  the  laying  of  double  track  of  seven- 
inch  "T"  rail,  lined  on  either  side  with  belgian  block,  so  adjusted  to 
the  rail  and  present  pavement  as  to  meet  the  approval  of  the  City 
P^ngineer.  The  right  of  the  city  is  reserved  to  in  future  require  such 
change  of  rail  and  adjustment  of  same  as  the  repavement  of  the  street 
A  jroved  "^'^^^  necessitate.  Said  railway  company  is  required  to  keep  continu- 
.jan.  18,  1899.  ously  iu  good  repair  the  pavement  between  its  tracks  and  for  a  space 
of  fifteen  inches  outside  of  tlie  outer  rails. 


Grants  to  the  Atlanta  Consolidated  Street  Railway  Company 
ON  West  Side  via  Mitchell  Street  Viaduct. 

report  of  committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways,  to  whom    was 
Atlanta  Con-    submitted  the  petition  of  the  Atlanta  Consolidated  Street   Railway 
ltri1ft*^Raiiway  Company,  which  is  hereto  attached,  to  construct,  electrically    equip 
Company.         ^^^^  Operate  the  line  of  railway  in  said  petition  stated,  beg  to  report 
viaduct'  lirfr^*  ^^^^^  ^^^^^  ^^^^^  given  the  same  the  fullest  consideration ;  that    they 
have  also  held  repeated  open  sessions,  at  which  the  representatives  of 
c^ertain'^chrnges  ^^^^  Atlanta  Consolidated  Street  Railway  Company  and  of  the  Atlanta 
tionsTs  to"rm-  Railway  Company  were  heard,  besides  many  citizens  interested  in  the 
fation"''  '^''^"'  territory  affected  by  such  routes,  the  committee  having  invited  discus- 
sion and  information  from  all  parties  at  interest,  and  have  also  taken 
into  consideration  therewith,  and  as  affecting  the  same,  the  petitions 
of  the  Atlanta  Railway  Company  for  privileges    over    the    Mitchell 
street  viaduct  and  a  part  of  the  streets  embraced  in  the  ])rtition  of  the 
Atlanta    Consolidated    Street    Railway    Comjiany.     Your    eonmiittee 
has  also  personally  inspected  all  streets,  tracks  or  poinls  wliere    the 
same  were  applied  for  by  both  companies,  oi'  wIutc  any  objt'ctioii  or 
change  of  route  had  been  suggested. 
After  such  consideration,  they  report : 
1st.  Favoral)1c,  tliat  authority  and  consent  hcgivcn  tothcsaid  .\tlanfa 


liAILWAY    FUAN'CHISES.  529 


Consolidated  Street  Railway  Company,  and  its  successors  or  assigns,  Granted  for 
(o  construct,  electrically  equip  and  operate  its  street  car  tracks  for  the  ''"^  y^*""®- 
period  of  fifty  years,  and  thereafter  on  such  conditions  as  the  City  of 
Atlanta  may  then  impose,  on  the  following  routes,  viz:     Commencing 
at  the  double  tracks  of  said  company  on  Mitchell  street,  at  its  inter- 
section with  Madison  avenue,and  from  thence  forming  a  connection  with 
the  double  tracks  to  be  constructed  by  the  City  of  Atlanta  on  the  via- 
duct on  Mitchell  street,  between  Madison  avenue  and  Elliott  street,  sub- 
ject to  the  right  of  the  Atlanta  Railway  Company  to  build  one    of  nights  of  At- 
these  tracks  simultaneously  with  the  building  of  one  by  this  company,  cvmipany.'''"^^ 
in  which  event  both  of  these  tracks  are  to  be  operated  by  both  com- 
panies as  double  tracks,  with  the  right  to  use  said  double  tracks  belong- 


ing to  the  city ;  then,  after  passing  over  said  double  tracks,  to  lay  a  to' bunding'*'' 
single  track  on  Mitchell  street  between  the  west  end  of  said  viaduct  *'^'"^''^" 
and  Haynes  street,  which  single  track  shall  be  laid  simultaneously 
with  the  laying  of  a  single  track  on  Mitchell  street  between  the  same 
points,  by  the  Atlanta  Railway  Company,  and  to  build  both  of  these 
tracks,  if  the  Atlanta  Railway  Company  fails  to  build  one,  and   the 
two  tracks  on  Mitchell  street  between  the  west  end  of  the  viaduct  and 
Haynes  street,  to  be  used  by  both  companies,  their  successors  and 
assigns,  as  a  double  track,  on  which  all  east  bound  cars  shall  run  on 
the  south  track  and  all  west  bound  cars  on  the  north  track,  and  both 
these  tracks  between  these  points  shall  be  subject  to  condemnation  by 
other  street  car  companies,  at  the  pleasure  of  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  in  order  to  allow  other  companies  to 
cross  said  viaduct;  also,  from  Mitchell  street  along  Mangum  street  or 
Haynes  street  to  Rhodes  street,  thence  along  Rhodes  street  to    Davis  Mangum  or 
street,  thence  along  Davis  street  to  Simpson  street,  or  Jones  avenue,  Rhodes,  Davis, 
at  the  option  of  said  company,  thence  along  either  of  these  streets  to  Jones  avenue 
Sunset  avenue,  or  at  the  option  of  the  Atlanta  Consolidated  Street  Rail-  "nue. 
way  Company,  without  crossing  the  Mitchell  street  viaduct,  to  begin 
its  line  at  the  west  side  of  the  ISTelson  street  bridge,  and  to  construct 
and  operate  its  line  of  electric  street  railway  along  Nelson  street  and 

'  -Vloii*^**    Nelson 

across  Elliott  street  into  Chapel  street,  and  thence  alone:  Chapel  street  t'liapei,  Man- ' 

ox  gum,  Simpson, 

to  Mangum  street  or  Haynes  street,  thence  along  either  Mangum  street  Jon^s  avenue 

"^  ^  °  1o   Sunset  ave- 

or  Haynes  street  to  Simpson  street  or  Jones  avenue,  and  thence  along  nue. 
Simpson  street  or  Jones  avenue  to  Sunset  avenue ;  provided,  that  when 
the  Atlanta  Consolidated  Street  Railway  Company,  its  successors  or  as- 
signs, shall  have  selected  or  occupied  any  one  of  the  routes  left  op-^  ,. 

^  ''  i     Option  01 

tional  with  said  company,  the  right  to  occupy  the  other  streets  named  '"°"*«s- 
in  this  grant  shall  cease ;  and  provided,  that  the  option  must  be  exer- 
cised wathin  the  time  hereinafter  limited  for  the  beginning  and  com- 
pleting the  construction  of  the  line. 

2d.     Said  Atlanta  Consolidated  Street  Railway  Company,  its  sue-  Rent  of  Mitch- 
cessors  or  assigns,  shall  pay  as  rental  for  crossing  Mitchell  street  via- duct'.*' ^^^  '"^" 

(34) 


tioiial   bond. 


530  Street  Eailway  Fkanchises. 

duct,  and  using  the  city's  railway  tracks  across  said  viaduct,  the  sum 
of  $500.00  per  annum  for  the  first  ten  years,  $750.00  per  annum  for 
the  next  ten  years,  and  $1,000.00  per  annum  for  the  next  tliirty  years. 
Said  rental  to  be  payable  in  installments  of  one  fourth  of  said  sum  at 
the  end  of  eacli  quarter,  after  beginning  the  use  of  said  yiaduet,  which 
payment  shall  he  in  full  for  the  use  of  said  viaduct  by  said  Atlanta 
Consolidated  Street  Eailway  Company,  its  successors  and  assigns,  so 
long  as  it  operates  over  the  same  ten  cars  or  less  on  its  lines;  every 
rental  '''^^'"'  additional  car  in  excess  of  ten  cars  operated  on  its  lines  by  said  com- 
pany, or  its  successors  or  assigns,  to  be  paid  for  at  the  rate  of  fifty  dol- 
lars per  car  per  annum.  Extra  cars  on  special  occasions  to  go  free. 
oMfnei'^norto  ^ut  the  purchasc  or  sale  by  the  Atlanta  Consolidated  Street  Railway 
^f'^"entaf'"°""^  Coiupany,  its  successors  or  assigns,  of  any  of  its  lines,  or  of  the  lines 
of  any  other  street  railway  company,  shall  not  work  a  consolidation  of 
these  lines  so  as  to  reduce  the  annual  rental  to  be  paid  to  the  City  of 
Atlanta  by  either  of  said  companies  for  the  use  of  the  tracks  over  this 
viaduct,  required  to  be  paid  by  each  of  said  companies  as  separate  com- 
panies or  lines.  Payment  to  be  secured  by  bond,  with  good  security, 
in  the  sum  of  one  year's  rental,  and  the  City  of  Atlanta  to  have  the 
quire  "addi-"^^  right  to  require  other  and  additional  surety,  from  time  to  time,  in  the 
discretion  of  the  flavor  and  General  Council,  cither  to  secure  the  pay- 
ment of  said  rental  or  for  the  indemnifying  said  city  against  loss  on 
account  of  judgments  or  suits  for  damages  to  persons  or  property 
resulting  from  the  operation  of  the  cars  or  machinery  of  said  com- 
pany, or  its  successors  or  assigns. 

In  case  of  failure  on  the  part  of  said  Atlanta  Consolidated  Street 
pay  Eailway  Company,  or  its  successors  or  assigns,  to  pay  any  such  install - 
Ibie'^^orfe^s  meuts  of  rcut  when  due,  the  right  of  said  company,  or  its  successors 
1 1^*^11311110™^^  or  assigns,  to  cross  said  viaduct  with  its  cars  and  machinery  shall  im- 
mediately cease:  and  the  same  result  shall  follow  the  failurt'  or  refusal 
of  said  company,  or  its  successors  or  assigns,  to  pay  off  any  judo-ment 
or  decree  against  the  City  of  Atlanta  for  damages  resulting  froiu  the 
operation  thereon  of  the  cars  or  machinery  of  said  (•()ini)any.  its  suc- 
cessors or  assigns,  within  ten  days  after  the  payment  thereof  by  said 
city,  and  notice  of  such  payment  to  said  company,  its  sm-ce>soi-s  or 
assigns. 

The  amount  of  annual  rental  so  stipulated  is  intended  to  be  the 
price  exacted  by  the  city,  and  paid  by  said  Atlanta  Consolidated  Street 
Railway  Company,  its  successors  or  assigns,  for  tlie  annual  ust-  of  the 
tracks  across  said  viaduct,  while  the  present  system 
tricity  as  a  motor  for  street  cai-s  is  used  ;  said  conip; 
coinpany'to''''^  or  assigus,  to  !)('  at  no  e.xpense  For  keeping  the  trac 
needed^e^  "     the  viaduct  stands  and  is  in  cdndition   Tor  such  u-e 

pairs   to   via-  -i.      j"  •        i      i  •  ii  j       • 

duct.  necessity  tor  repairs  to  he  gi\i'n  the  city  m  writing 


lure    tc 


>l'  applying  ( 

lec- 

ly.  Its  suet. 

es 

■iOI-S 

in   repair 

W" 

hile 

Xotice  e 

r 

anv 

)y  the  con 

ip. 

mv. 

Stheet  Kailway  Fhaxchises.  531 

its  siK-cessor.s  or  assigns,  which  shall  not  run  cars  over  the  tracks  on 
said  viaduct  while  in  an  unsafe  condition. 

But  the  Citv  of  Atlanta  is  not  to  be  bound  to  rebuild  said  viaduct  city  not  bound 

.  .       ^.  to   rebuild    via- 

in  case  of  its  destruction,  or  when  it  is  worn  out ;  nor  is  said  Litv  ot  duct  in  case  of 

'Its  destruction, 

Atlanta  to  be  bound  to  adiust  said  viaduct  or  tracks  to  newer  discov-  nor  to  adjust 

same  to  new 

cries  in  electricitv,  nor  to  bear  anv  expense  on  that  account;  nor  to  be  discoveries  in 

■  .     .  ,    ,  .  ,  electricit}'. 

bound  for  damages  to  persons  or  property  m^iured  by  said  company, 

its  successors  or  assigns,  in  the  use  of  said  tracks  in  anv  event ;  but  in  for'  damages  to 

<=^       '  persons  or 

every  such  case  the  damages  are  to  be  paid  bv  the  companv,  its  sue-  pfi'^rty  by 

■  '  •  '         ■  street    railway 

cessors  or  assigns.  company. 

The  amount  of  the  annual  rental  so  stipulated  is  to  cover  the  use 
of  said  viaduct,  and  the  tracks  thereon,  bv  said  Atlanta  Consolidated  The  amount 

'      ■  _  agreed   on   is 

Street  Eailway  Company,  or  its  successors  or  assigns,  with  their  pres-  annual  rental, 
ent  lines  of  railway  and  any  extension  thereof,  which  may  be  built  or 
laid  with  the  consent  of  the  City  of  Atlanta,  subject  to  increase  for 
additional  cars,  as  aforesaid. 

The  city  reserves  the  right  to  let  other  railway  companies  pass  over  Keservation  of 
said  viaduct  and  use  said  Mitchell  street,  without  affecting  the  rental  ^jj>'^  °"  "''• 
to  be  paid  by  the  Atlanta  Consolidated  Street  Railway  Company,  its 
successors  or  assigns,  for  the  use  of  said  viaduct ;  such  further  per- 
mission, however,  to  preserve  to  the  Atlanta  Consolidated  Street  Eail- 
way Company,  its  successors  or  assigns,  the  use  of  said  viaduct,  as 
herein  granted,  so  long  as  it  complies  with  the  terms  of  this  grant,  and 
not  ])eyond  the  period  covered  thereby,  and  such  use  by  the  Atlanta 
Consolidated  Street  Eailway  Company,  its  successors  or  assigns,  not  to 
be  exclusive. 

The  Atlanta  Consolidated  Street  Eailway  Company,  or  its  successors  construction 
or  assigns,  shall  begin  the  building  of  the  lines  herein  granted  within  two^momhs"  '" 
two  months  from  the  approval  of  this  grant,  and  shall  complete  said 
lines  within  twelve  months  after  the  approval  of  this  grant. 

The  lines  to  be  constructed  to  be  single  track,  with  necessarv  turn- 

'^  '  •  Track,    Becessa- 

outs,  switches  and  crossings,  except  where  otherwise  specified  in  this  ry. turnouts. 

e   '  1  I  switches,  etc. 

report. 

The  style  of  the  rail  to  be  used  by  said  company  in  making  said 
extensions  shall  be  subject  to  approval  by  the  Committee  on  Electric  s*-''''  "'  '''"•• 
and  Other  Eailways,  and  shall  be  changed  by  said  company  at  its  own 
expense  when  the  paving  or  repaving  of  a  street  or  portion  of  a  street, 
or  the  safety  of  the  street  requires  it,  in  the  judgment  of  said  com- 
mittee. The  City  of  Atlanta  also  reserves  the  right  to  have  all  the 
materials  used  in  the  construction  of  said  road  inspected  and  approved 
by  said  committee. 

And  the  erection  bv  said  companv  of  its  trollev  wires  and  other  con- 

,  ,.  1  ^•  f  '•  Construction 

struction  and  appliances  for  operating  its  cars  shall  be  done  under  the  of.  troiiey 
supervision  of  the  Committee  on  Electric  and  Other  Eailways  and"'""*'  "^ '' 
the  Committee  on  Electrical  Control,  and  shall  be  done  whollv  at  the 


532 


Street  Kailavay  Fraxchises. 


Rebate  for  pav 
ing. 


expense  of  said  compaii}'.  And  the  trolley  S3'steni  may  be  discontin- 
ued by  the  city,  as  provided  for  in  the  grants  to  other  street  railways. 
The  city  reserves  the  right  to  prescribe  location  of  poles,  wires  and 
tracks,  and  to  require  the  change  of  such  location  when  necessary,  in 
the  discretion  of  the  Mayor  and  General  Oouncil,  at  the  expense  of  the 
company. 

Said  Atlanta  Consolidated  Street  Eailway  Company  to  take    the 

j^ct^to^e^^tag  privileges  herein  granted,  subject  to  all  laws  and  ordinances  now    in 

ifanops"*^  °'^*""  force,  and  which  may  hereafter  be  enacted  or  ordained,  regulating  the 

building  and  operation  of  electric  street  railways  or  the  crossing    of 

bridges  in  said  city,  and  especially  with  reference  to  speed,  schedules, 

etc.,  on  bridges  and  elsewhere  in  said  city. 

The  grant  of  privileges  herein  made  is  subject  to  the  condition  that 
the  Atlanta  Consolidated  Street  Eailway  Company  shall  pay  to  the 
City  of  Atlanta,  for  itself  and  the  abutting  property  owners,  the  value 
of  all  belgian  block,  or  other  pavements,  on  the  streets  occupied  by  it 
under  this  grant  for  the  width  prescribed  by  law;  the  value  of  such 
paving  to  be  ascertained  and  fixed  by  the  Mayor  and  General  Council, 
and  the  same  to  be  a  first  lien  and  charge  upon  the  tracks  so  laid  on 
such  streets,  until  such  sum  is  paid,  which  said  payment  shall  be  made 
for  each  route  before  the  paved  street  is  opened  or  occupied. 

This  grant  is  made  on  further  conditions,  also,  that  the  said  Atlanta 
Consolidated  Street  Eailway  Company,  its  successors  and  assigns,  shall 
be  liable  for  taxes  on  its  property,  and  for  occupation  taxes  on  its 
business,  as  other  taxable  property  in  said  city  is  taxed,  and  as  other 
street  railway  companies  are,  or  may  be  required  to  pay  occupation 
taxes,  and  shall  also  pay  assessments,  for  paving  and  repaving  streets 
and  portions  of  streets  occupied  by  the  tracks  of  said  company,  made 
under  the  authority  of  the  charter  of  said  city,  as  now  existing  or 
hereafter  amended. 

This  grant  is  made  on  further  condition,  also,  that  the  City  of  At- 
lanta reserves  the  right  to  condemn  such  portions  of  said  lines,  not 
exceeding  five  blocks,  as  may  be  necessary,  in  the  judgment  of  the 
Mayor  and  General  Council,  for  allowing  other  street  car  companies 
to  enter  the  central  portion  of  the  city,  upon  payment  of  just  com- 
pensation to  the  Atlanta  Consolidated  Street  Eailway  Company,  its 
successors  or  assigns. 

The  consent  and  authority  aforesaid  is  granted  on^  further  condi- 
tion that  the  Atlanta  Consolidated  Street  Eailway  Company  shall 
dismiss  its  bill  of  exceptions  now  pending  in  the  Supreme  Court,  from 
the  decision  of  Fulton  Superior  Court,  refusing  an  injunction  prayed 
for  by  said  Company  against  the  Atlanta  Eailway  Company  and  the 
City  of  Atlanta,  touching  the  right  of  the  Atlanta  Eailway  Company 
to  condemn  the  use  of  the  tracks  of  the  Atlanta  Consolidated  Strei't 
Eailway  Company  on  ^lilelu'll  street,  between  Broad  street  and  Madi- 


Condemnation 
of  track. 


Certain  litiga- 
tion to  be 
stopped. 


Sthket  Railway  Fkaxchises.  533 

son  avenue,  and  touching,  also,  the  right  of  the  Atlanta  Railway  Com- 
pany, under  authority  granted  by  the  Citv  of  Atlanta,  to  construct  an 
independent  system  of  double  tracks  on  Mitchell  street  between  the 
points  named;  and  that  said  Atlanta  Consolidated  Street  Railway 
Company  shall  also  dismiss  the  appeal  filed  by  it  from  the  award 
made  by  assessors,  fixing  the  damages  to  be  paid  by  the  Atlanta  Rail- 
way Company  to  the  Atlanta  Consolidated  Street  Railway  Company 
for  joint  use  of  its  tracks  on  Mitchell  street,  between  the  points  named. 
Such  dismissal  of  proceedings  on  behalf  of  the  Atlanta  Consolidated 
Street  Railway  Company  in  the  pending  litigation,  as  herein  required, 
not  to  be  construed  against  said  Atlanta  Consolidated  Street  Railway '^^'""  ^^'  ^^^^' 
Company  in  any  future  case  which  may  arise  involving  similar  ques- 
tions. 


Atlanta  Consolidated  Street  Railway  Fair  Street  and  Park 
Avenue  Line  Extension  along  Burns  Street  to  South 
Boulevard. 

petition. 

To  the  Honorable  Mayor  and  General  Coimcil  of  the  City  of  Atlanta: 

The  undersigned  company  hereby  petitions  your  honorable  body  for  petition, 
the  right  to  extend  its  Fair  street  and  Park  avenue  line  from  the  inter- 
section of  Park  avenue  and  Burns  street  Cor  the  terminus  of  the  pres- 
ent Park  avenue  line),  along  Burns  street  to  South  Boulevard. 

Atlanta  Consolidated  Street  Railway  Co. 

REPORT  OF  committee. 

Electric  and  Other  Railways  Committee  report  favorable,  that  au- 
thority and  consent  be  granted  to  the    Atlanta    Consolidated    Street  Burns    street. 


Railway  Company  to  do  the  work  prescribed  in  within  petition,  upon  Adopted   May 
condition  that  the  condition  annexed  to  grants  heretofore  made  to 

"  Concurred     in 

said  company,  shall  apply  to  these  lines,  and  that  the  company,    its  May  4,  1899. 
successors  and  assigns,  shall  obey  existing  ordinances,  and  such  as  may  Approved 
be  passed,  applicable  to  the  subject. 


Atlanta  Consolidated  Street  Railway    Company's    Grant    to 
Connect  Capitol  Avenue  Tracks  with  Fair  Street  Line. 


To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Tlie  undersigned  company  hereby  petitions  your  honorable  body  for 
the  right  to  connect  its  Capitol  avenue  tracks    with    its    Fair    street 
tracks  along  Fair  street  between  Fraser  street  and  Capitol  avenue. 
Atlanta  Consolidated  Street  Railway  Co. 


534  Street  Hailavay  FfiAxcmsES. 


REPORT  OF  COMMITTEE. 

Electric  and  Other  Railways  Committee  report  favorable,  that  au- 
thority and  consent  be  granted  the  Atlanta  Consolidated  Street  Rail- 

^'^'i899^  ^^^^  way  Company  to  make  the  extensions  described  in  within  petition,  sub- 
ject to  all  conditions  annexed  to  grants  heretofore  made  to  said  com- 
pany, and  on  conditions,  also,  that  said  company,  its  successors    and 

Approved^^^^^  assigns,  shall  obey  existing  ordinances,  and  such  as  may  be  passed, 
applicable  to  the  subject. 


Concurred  in 
May   i,    1899. 


Atlanta  Consolidated    Company's    Grant    to    Extend    Double 
Tracks  on  Pryor  Street  to  Alabama  Street. 


To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Permission  is  hereby  requested  for  the  right  to  extend    this    com- 
pany's double  tracks  along  Pryor  street,  connecting  with  the  double 
tracks  on  Alabama  Street,  including  necessary  curves  and  switches. 
Atlanta  Consolidated  Street  Railway  Co. 

report  of  committee. 

Adopted  May        Electric  and  other  Railways  Committee  favorably  reported,  subject 
cv)ncurred  in     to  the  Conditions  in  the  grants  heretofore  made  to  said  companv  for 

May   4,    1899.  *=  ' 

Approved    May    this   line, 
f),  1899. 


Grants    to    Atlanta   Consolidated   Street    Railway    Company 
ALONG  Butler,  Simpson  and  South  Boulevard. 

report  of  committee. 

To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Your  Committee  on  Electric  and  Other  Railways  respectfully  reports 
upon  the  petition  of  the  Atlanta  Consolidated  Street  Railway  Com- 
pany, as  follows : 

Favorably,  that  authority  and  consent  be  granted  said  Atlanta  Con- 
solidated Street  Railway  Company  to  construct,  electrically  equip  and 
operate  lines  of  street  railway,  as  follows : 

From  the  intersection  of  Houston  and  Butler  streets  north  alonu' 

Along 

Butler  from     Butlcr  street   to  its  intersection  with  Forrest  avenue;  also,  from    tlv 

Houston    to 

Forrest  avenue,  intersection  of  Spring  and  Simpson  streets  along  Simpson  street    to 
From  Spring    Orme  strcct,  thence  along  Orme  street  to  Mills  street,  thence  along 

along    Simpson       .  ?  ■-> 

to  Orme.  Mills  street  to  Luckie  street,  there  to  connect  with  the  line  and  track, 

or  tracks,  of  the  Atlanta  Railway  Company. 


Stkeet  Railway  Franchises.  535 

Also  from  the  intersection  of  Burns  street  to  South  lioulcvard.  and  ^^i.""f  ^nd'"^ 


thence  along  South  Boulevard  to  the  city  limits.  ^;^l\l\^  ^^'I'J^' 

These  grants  are  made  subject  to  all  the  conditions  specified  in  ''""ts. 
grants  made  to  or  for  the  use  of  the  Atlanta  Consolidated  Street  Kail- 
way  Company,  approved  May  20,  1891,  and  of  all  subsequent  grants  to  f'ond'H^ns- 
said  company ;  subject,  also,  to  all  existing  laws  and  ordinances  regu- 
lating the  construction,  operation  and  government  of  street  railways 
and  such  as  may  be  hereafter  made  applicable  to  the  subject;  and  sub- 
ject, also,  to  the  further  condition  that  these  grants  shall  expire  with  Appioveci 
the  expiration  of  the  grants  to  or  for  the  use  of  said  company,  approved 
Mav  30,  18!)1. 


Auff.    25, 


Grant  to   the   Atlanta  Electric  Railway  Company  for   the 
Use  of  Certain  Streets. 


Favorable     re- 
port  of  com- 


REPORT  OF  COMMITTEE. 

x'Vtlanta,  Ga.,  February  18,  1895. 
To  the  Honomhle  Mat/or  and  General  Council  of  the  City  of  Atlanta: 

Your  Committee  on  Electric  and  Other  Eailways,    to    which    was 
referred  the  matter  of  the  application  of  the  Atlanta  Electric  Railway 
Company,  or  of  Dayton  Hale,  on  behalf  of  said  company,  for  a  fran-  [Jiieltion°'of^^ 
chise  to  construct  and  operate  an  electric  street  railroad,  on  the  trolley  Mc^Raiiway '^ 
system,  and  along  the  following  streets,  to-wit :     From  the  city  limits  grwifs'"rom°'^ 
along  Crew  street  to  Georgia  avenue,  thence  along  Georgia  avenue  tOaiong'cJlw 
Loyd  street,thence  along  Loyd  street  to  Garnett  street,and  thence  along  avenue,  'i^ovd'^ 
Garnett  street  to  Forsyth  street,  respectfully  report,  recommending  streets  tcTW- 
that  authority  and  consent  be  given  said  company  to  construct  and  ^'^ 
operate  said  railway  in  the  streets  and  parts  of  streets  named,   upon 
the  following  conditions : 

1st.     That  said  company,  in  the  construction  and  operation  of  said 
railroad,  shall  be  subject  to  all  the  laws  and  ordinances  now  in  force,  subject  to  aii 
governing  the  construction  and  operation  of  street  railways,  and  to  all  such  matters.  " 
such,  also,  as  may  hereafter  be  enacted  and  made,  pertaining  to  that 
subject. 

2d.     Without  modifying  or    relaxing   in    any    degree    the    general 
power  of  regulation  heretofore  annexed,  as  a  condition  to  the  granting  ditions. 
of  said  franchise,  that  the  following  special  conditions  should  be,  and 
are,  hereby  annexed  thereto : 

(a).     Said  railway  company  shall  make  and  execute  to  the  City  of 
Atlanta  a  bond,  with  security  satisfactory  to  the  Mayor,  in  the  sum  of  !?5>ooo. 
five  thousand  ($5,000.00)   dollars,  conditioned:     1st.  For  the  begin- 


536  Street  Eailwat  Franchises. 

ning  and  completion  of  its  road  within  the  time  stipulated  in  this 
franchise,  from  the  proposed  terminus  at  tlie  old  waterworks  prop- 
erty, belonging  to  the  City  of  Atlanta,  on  South  river,  to  the  proposed 
terminus  at  the  intersection  of  Forsyth  and  Garnett  streets,  in  the 
witi!in*"ni'nftv  ^^^J  ^^  Atlanta,  to-wit :  To  commence  work  within  ninety  days,  and 
days.  complete  the  road  within  six  months  from  the  approval  of  the  grant 

of  this  franchise.     2d.     For  the  prompt  payment  of  rebates  due    the 
Shall  pay  tor  ^i^J  ^f  Atlanta,  and  owners  of  property  abutting  on  streets,  or  parts 
kelp"^  st?etts    of  streets,  to  be  occupied  by  said  company  in  the  City  of  Atlanta, 
in  repair.         which  havc  bccn  paved  prior  to  the  occupation  of  such  streets  by  said 
company,  and  of  any  charges  and  assessments  on  account  of  such  pav- 
ing to  be  hereafter  done  in  streets  to  be  occupied  by  said  company,  and, 
also,  for  the  keeping  in  repair  of  the  portion  of  the  streets  which  the 
laws  and  ordinances  require  street  railway  companies  to  keep  in  repair, 
Shall    protect  ancl  for  the  reimbursement  of  the  City  of  Atlanta  for  any  damages 
damage'"suits.  wliich  may  be  recovered  against  it  on  account  of  the  failure  of  said 
company  to  keep  the  portions  of  any  street  or  streets  in  repair,  which 
the  laws  and  ordinatices  require  said  company  to  keep  in  repair ;  and, 
also,  for  the  prompt  payment  of  rentals  on  any  bridge  which  the  cars 
of  said  company  may  cross  in  future,  and  for  which  the  City  of  At- 
lanta shall  charge  rentals;  and,  also,  for  the  reimbursement  of    the 
City  of  Atlanta  for  any  damages  to  persons  and  property  which  it 
may  have  to  pay  on  account  of  the  occupation  of  said  streets,  or  parts 
of  streets,  by  said  company  during  the  construction  and  operation  of 
said  railway.     The  City  of  Atlanta,  having  a  valuable  property  inter- 
est in  the  prompt  completion  and  steady  operation  of  the  railway 
construcT'^aiV  projectcd  by  said  company,  from  the  old  waterworks  property,  belong- 
ing to  the  city,  to  the  proposed  terminus  in  the  City  of  Atlanta,  this 
bond  shall  be  held  to  cover  any  damage  which  may  result  to  the  city, 
with  reference  to  its  property  interests  aforesaid,  on  account  of    its 
failure  to  promptly  complete  and  steadily  operate  said  railway. 

(h).  In  occupying  Georgia  avenue,  between  Crew  street  and  Loyd 
This  paragraph  street,  the  City  of  Atlanta  consents  that  the  said  company  may,  if  it 
adopted.  Can,  arrange  for  the  privilege  of  using  jointly  with  the  Atlanta  Con- 

solidated Street  Eaifway  Company,  the  track  on  Georgia  avenue, 
belonging  to  the  Atlanta  Consolidated  Street  Eailway  Company,  but 
if  this  is  not  done,  the  City  of  Atlanta  requires,  as  a  condition  to.  the 
grant  of  franchise,  that  said  Atlanta  Electric  Railway  shall,  at  its 
own  expense,  remove  the  track  of  the  Atlanta  Consolidated  Street 
Railway  Company,  and  replace  it  in  such  position  as  to  be  able  to  lay 
its  own  track  alongside  that  of  the  Atlanta  Consolidated  Street  Rail- 
way Company,  so  as  to  double  track  that  part  of  Georgia  avrnue.  and 
also  to  replace  the  paving;  this  work  to  be  executed  under  the  super- 
vision of  the  City  Engineer,  and  to  his  satisfaction ;  and,  in  case  of  the 
joint  occupation  of  that  part  of  Georgia  a-venue  by  the  two  street  rail- 


Street  Eailway  Franchises.  537 

way  companies,  the  Consolidated  Company  is  to  share  in  the  rebate 
to  be  paid  on  account  of  the  paving  of  that  portion  of  said  street  by 
the  said  Electric  Eailway  Company,  according  to  the  proportion  of 
the  expense  of  paving  that  part  of  Georgia  avenue  heretofore  paid  by 
said  Consolidated  Company. 

(c).  The  rails  to  be  laid  on  the  streets  in  the  City  of  Atlanta  are 
to  be  such  as  shall  meet  the  approval  of  the  City  Engineer  and  the  ^*''''' 
Committee  on  Electric  and  Other  Kailways,  and  the  city  reserves  the 
right  to  change  the  style  of  rail  used  by  said  railway  company,  on  the 
streets  in  the  city,  from  time  to  time,  in  order  to  accommodate  par- 
ticular kinds  of  street  paving  which  it  may  determine  to  use  in  the 
future. 

((/).  Said  Electric  Eailway  Company  will  also  be  required  to  con- 
form  to  the  various  specifications  and  conditions  in  favor  of  the  City  ditions  of 

'-  W  aterworks 

of  Atlanta,  stipulated  in  the  lease  contract  between  Hale  Investment  property  lease. 
Company  and  the  City  of  Atlanta,  concerning  the   old  waterworks 
property. 

( e ) .     The  schedules  on  which  cars  are  to  be  operated  from  the  ter  -  ^^  ^^  ^^^^^^ 
minus  in  the  city  to  the  terminus  at  the  old  waterworks    shall    be  "'''^■ 
such  as  to  have  one  car  going  each  way  at  least  every  sixty  minutes, 

from a.  m.  to p.  m.,  and  the  City  of  Atlanta  reserves  the 

right  to  require  more  frequent  schedules,  in  the  discretion  of  the 
Mayor  and  General  Council,  when  necessary,  in  their  judgment,  to 
accommodate  the  travel  between  the  terminal  points  and  along  the 
line  of  said  railway. 

(The  foregoing  report  was  submitted  to  the  General  Council  on 
February  18,  1895,  and  recommitted  to  Committee  on  Electric  and 
Other  Eailroads.) 

REPORT  OF  THE  COMMITTEE  ON  ELECTRIC  AND  OTHER  RAILROADS,  SUB- 
MITTED MARCH  18,  1895. 

We  recommend  that  the  franchise  be  granted  to  the  Atlanta  Elec- 
tric Eailway  Company,  in  accordance  with  the  original  report,  made  lasl'street V 
heretofore,  to-wit:  on  February  18,  1895,  by  your  committee,  except  ^uT^'"  ^''^' 
that  Bass  street  shall  be  substituted  for  Georgia  avenue,  and  that  au- 
thority and  consent  be  given  said  company  to  construct  and  operate 
said  railway,  subject  to  all  conditions  and  requirements  specified  in 
said  report,  in  and  along  the  following  streets  and  parts  of  streets, 
to-wit :    From  the  city  limits  along  Crew  street  to  Bass  street,  thence 
along  Bass  street  to  Loyd  street,  thence  along  Loyd  street  to  Garnett  is,  i895. 
street,  thence  along  Garnett  street  to  Forsyth,  and  that  sub-division  Approved 


"//"  of  Section  2  be  entirely  stricken  from  the  said  original  report. 


March  22.  1895. 


TELEPHONE  FRANCHISES. 


Original  Petition  and  Grant  to   James  M.  Ormes,  Agent 

National  Bell  Telephone  Company  for  a 

Telephone  System. 


To  the  Honorable  Mayor  and  General  Council  of  the  Ciiij  of  Atlanta: 

The  jjetitiou  of  James  M.  Ormes,  as  the  general  agent  of  the  Xation- 

al  Bell  Telephone  Company,  respectfully  shows,  that  he  has  been  direct- 

estabH")!  Geor-  ecl  by  his  saicl  company  to  come  to  Atlanta  and  there  establish  a  branch 

fhe  NatronLi°    of  Said  company,  to  be  known  as  "The  Georgia  Branch  of  the  National 

Company!''  ^""^  Bell  Telephone  Company."     He  is  now  in  the  city  for  said  purpose. 

Many  citizens  have  subscribed  for  the  telephones,  and  many  more  will. 

He  respectfully  asks  that  the  City  of  Atlanta  grant  to  The  Georgia 

Branch  of  the  National  Bell  Telephone  Company  the  right  to  erect 

poles  and  place  wires  thereon,  upon  the  various  streets  of  the  City  of 

Atlanta. 

And  petitioner  will  ever  pray,  etc. 

(Signed)  James  M.  Oemes, 

By  Julius  L.  Brown.  Attornev. 


Granted  April  21,  1879;  provided,  the  kind  and  quality  of  poles  to 
Giant  of  April  be  approved,  and  the  place  of  their  location  upon  the  streets,  under  the 
direction  of  the  Street  Committee. 


The  Various  Grants  to  the  Southern  Bell  Telephone  and 
Telegraph  Company  Made  by  the 
City  of  Atlanta. 


Petitiox  of  Southern   Bell  Telephone  and  Telegraph   Com- 
pany FOR  Use  of  Certain  Streets  in  which  to 
Erect  Poles. 

Atlanta,  Ga.,  February  20.  1882. 
To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
Gentlemen — In  response  to  a  request  of  His  Honor  J.  W.  Englislu 
Mayor,  I  hercwitli  sid)iiiit  lo  yo\ir  li()uoi-nl)l('  body  (for  your  a])pi'ovnl) 


Telephone  Franchises.  539 


the  principal  routes  on  which  we  desire  to  place  poles  on  which    to  pgtition  no 
stretch  our  wires,  as  near  as  I  can  at  present  locate  them,  viz :     On  MaHeuf '^d"-" 
Marietta  street  from  Peachtree  to  Rolling  Mill,  on  Decatur  street  from  and^Hea^hul. 
Peachtree  to  city  limits,  on  Broad  and  Peachtree  streets  from  ^lari-  ^l'^^'  y^lll 
etta  to  city  limits,  on  Broad  street  from  Marietta  to  Mitchell,  on  Ala-  "r"\i'i;itei;S' 
bama  street  from  Loyd  to  railroad,  on  West  Hunter  street  from  Broad  jones""pfvor 
to  railroad,  on  Mitchell  street  from  Pryor  to  railroad,  on  Whitehall  f t"pets'"'^ '' 
street  from  railroad  to  West  End,  on  McDonough  street  from  City 
Hall  to  Fulton  street,  on  Jones  street  from  McDonough  to  Washing- 
ton, on  Pryor  street  to  city  limits,  on  Loyd  street  from  Alabama    to 
Hunter  street.    Besides  these,  there  will  be  some  single  poles  set  to  ena- 
ble us  to  reach  subscribers  who  may  not  be  directly  on  these  routes.  The 
poles  we  have  for  use  are  chestnut  and  cedar,  ranging  from  twenty-six 
to  fifty  feet  in  height,  of  good  size  and  sound  green  timber,  are  neatly 
dressed,  and,  after  the  lines  are  up,  will  be  painted.    Wherever  we  are 
obliged  to  remove  the  flagging,  we  will  have  it  properly  replaced,  cut-  and  "flf^gins. 
ting  it  (if  stone)  to  fit  around  the  poles.     If  at  any  time  we  should 
remove    a   pole    we    will    replace   the    flagging  as  good  as  before  we 
removed  it.     Will  set  no  poles  directly  in  front  of  doors  or  gates,  and, 
if  possible,  on  or  near  the  dividing  line  of  the  two  properties  joining. 
Will  also  guarantee  the  city  against  damage  caused  by  our  poles  being 
placed  on  the  streets.     Asking  that  this  matter  be  so  adjusted  that  we 
may  complete  our  work  as  soon  as  possible,  we  are. 

Respectfully, 
(Signed)  The  Southern  Bell  Telephone  and  Telegraph  Co., 

H.  H.  Jackson,  Manager. 
W.  J.  Cole,  Assistant  Superintendent. 


Granted  Mar. 


Favorable  to  the  within  proposed  work  being  done,  under  the  con 
stant  supervision  of  the  Street  Committee  and  City  Engineer,  and  6,"i882" 
upon  the  express  conditions  contained  in  the  application. 


Per:^iit  to  Erect  Building  on  Corner  of  South  Pryor  and  East 
Mitchell  Streets,  and  to  Construct  Underground  Conduits 
IN  Certain  Streets. 

The  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 
permission  to  erect  a  three-story  and  basement,  stone  and  brick  build-  soutLm  Beii 
ing,  at  the  northeast  corner  of  Pryor  and  Mitchell  streets,  suitable  for  ^l\lf;°^^  ^^^. 
a  telephone  exchange  building,  and  to  extend  underground  conduits,  'Jf"n,  ^buiK 
to  receive  their  wires  and  cables,  from  the  corner  of  Pryor  and  Mitchell  and"*'MitdieTi  " 
streets  to  the  following  points:  On  Mitchell  street  from  Pryor  to '*''^''*'- 
Forsyth  street,  on    Prvor   street    from    Garnett  to    Peachtree    street. 


540 


Telephone  Franchises. 


Conduits  on  on  Hunter  street  from  Pryor  to  Broad  street,  on  Alabama  street 
o?HTOter^'  i'rom  Loyd  to  Forsyth  street,  on  Decatur  street  from  Loyd 
Aiabama,^^  oe^-_^  10  Pcaclitree  street,  on  Marietta  street   from   Peaehtree    to    Forsyth 


catur 

and   Whiteliall 

streets. 


treet,  on  Whitehall  street  from  Garnett  to  Peaehtree  street.     Said 
conduits  shall  be  constructed  on  plans  to  be  submitted  to,  and  approved 
■'^^^'  by,  the  Board  of  Electrical  Control  and  City  Engineer,  and  subject  to 
all  ordinances  governing  such  work. 


Southern  Bell  Telephone  and  Telegraph  Company  Granted 
Permission  to  Construct  Conduits  in  Peachtree,  Hunter, 
EDGEW00D3  Garnett  Streets,  and  across  Peachtree  Street. 


Under-ground 
conduits. 

Cirants   to 
Southern  Bell 
Company— 
Peachtree, 
Houston, 
Edg-ewood, 
Garnett   and 
across    Peach- 
tree  street. 

Mar.    24,   1892. 


The  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 
permission  to  put  down  underground  conduits  on  the  following  streets : 
Peachtree  from  the  junction  of  Pryor  to  corner  of  Forrest  avenue. 
Hunter  from  Pryor  to  Whitehall  street,  Edgewood  avenue  from  Pryor 
ro  Courtland  avenue,  Garnett  from  Pryor  to  Whitehall  street,  also 
from  junction  of  Pryor  and  Peachtree  streets  across  Peachtree  to 
Church  and  James  streets.  Said  conduits  are  to  be  constructed  on 
plans  subject  to  the  approval  of  the  Board  of  Electrical-  Control,  and 
subject  to  all  ordinances  on  the  subject. 


Marietta  axd  Decatur  Street  Grants. 

Tlie  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 
permission  to  put  down  underground  conduits  on  the  following  streets : 
Marietta  street  from  the  corner  of  Forsyth  street  to  junction  of  Wal- 
ton street,  Decatur  street  from  corner  of  Ivy  street  to  corner  of  Pratt 
street,  said  conduits  to  be  constructed  on  plans  subject  to  the  approval 
June  10,  1892.  of  the  Board  of  Electrical  Control,  and  .-subject  to  all  ordinances  on 
the  subject. 


Southern  Bell 
Telephone 
Company  to 
lay  conduit  on 
Marietta    and 
Decatur 
streets. 


Grant  for  Conduit,  etc.,  on  Broad  Street. 


The  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 

Southern  Bell    permission  to  ]nit  down  an  underground  conduit  or  sub-way  from  Ma- 

company'' niay  rictta  strcct  aloug  Broad  street  to  Peachtree  street,  with  manholes  at 

Broad°"sVreet.°"  comcr  of  Broad    and    Poplar   streets,    corner    of    Broad  and  Walton 

streets.  Broad  and  Marietta  streets,  and  other  necessary  points,  and 

to  construct  such  other  conduits  or  sub-ways  on  said  street  as  may  be 

necessary  or  proper  to  make  connections  with  buildings  on  said  streets ; 

provided,  however,  that  said  conduits  and  all  work  connected  tlierewith 

sliall  be  constructed  on  plans  subject  to  the  approval  of  tlie  Board  of 


Telephone  Franchises.  V  n^       '"IS^i'"/ 


Electrical  Control,  and  subject  to  all  ordinances  or  regulations  now  in  j^^^   gi, 
existence  or  that  may  hereafter  pass,  relative  to  telephone  companies. 


Grants  for  Conduits  in  Certain  Streets. 
The  Southern  Bell  Telephone  and  Telegraph  Company  is  hereby 


Southern    Bell 


granted  permission  to  put  down  underground  conduits  for  telephone  xeieph 
cables  on  East  Mitchell  street  from  Pryor  to  Washington  street,  and  S^red^to  fiy 
thence  on  Washington  street  from  Mitchell  street  to  Woodward  ave- East^intcheii, 
nue,  also  on  West  Peachtree  street  from  its  junction  with  Peachtree  and^^we^st'" 
to  the  corner  of  North  avenue,  with  necessary  manholes  and  distrib- streets.'^^'^ 
uting  poles,  as  per  diagram  hereto  attached,  on  condition  that  said  work 
is  to  be  executed  under  such  municipal  supervision  as  is  provided  for 

Mar     24     1898 

by  existing  ordinances,  and  that  the  use  of  such  conduits,  manholes      '     ' 
and  poles  is  to  be  in  accordance  with  the  existing  ordinances,  and  such 
as  may  hereafter  be  made  applicable  to  the  subject. 


Grant  for  Conduit  in  Xortii  Avenue. 

The  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 
permission  to  put  down  underground  conduits  on  the  north  side  of  conduit  on 

.  North    avenue. 

J\  orth  Avenue,  mside  the  curbing  and  under  the  sidewalk,  from  Peach- 
tree  to  West  Peachtree  street.     These  conduits  to  be  put  down  for  the 
purpose  of  bringing  wires  into  the  new  building,  and  the  work  to  be  -^"'J'  -^'  is'^^- 
done  subject  to  all  the  ordinances  governing  such  matters. 


Grant  for  Conduit  in  Hunter  Street. 

The  Southern  Bell  Telephone  and  Telegraph  Company  i- 
authorized  to  lay  an  underground  conduit  on  north  side  of  Hunter  J^1^p^°^.%u. 
street  f ro^  Broad  to  Forsyth,  and  erect  distributing  poles  at  north-  eonduft'^on"  '^^ 
west  corner  of  Broad  and  Hunter,  and  northwest  corner  of  Forsyth  """^''''  '^'■^^*- 
and  Hunter;  provided,  it  complies  with  all  ordinances  on  the  subject  "^^'"'  ""'  ^^^^- 
of  laying  conduits,  and  under  the  direction  of  the  Board  of  Electrical 
Control. 


Grant  for  Conduits  in  Whitehall  Street. 

Southern    Bell 
mi         ^         1  -r.    n    m   1  Telephone  and 

Ihe  .Southern  Bell  Telephone  and  Telegraph  Company  is  granted  Telegraph 
the  right  to  put  down  underground  conduits  and  manholes  in  White-  thorized  to 

"  lay  conduits 

hall  street  trom  Garnett  street  to  and  across  under  the  tracks  of   the  «"    whitehtii 
Central  of  Georgia  Eailroad  Company,  said  conduits  to  pass  above  the  railroad  tracks. 


542  Telephone  Fkaxchises. 


tracks  of  the  Southern  Railway  Company  underneath  the  l)ridge,  sus- 
pended to  the  same,  over  said  tracks;  also  to  set  the  necessary  distrihut- 
ing  poles  for  the  purpose  of  distributing  wires  from  an  underground 
system.  Work  shall  begin  on  said  imderground  work  within  tliirty  days 
and  shall  be  completed  before  said  street  improvements  are  completed, 
which  shall  be  within  ninety  days  from  the  passage  of  this  ordinance. 
All  work  shall  he  done  subject  to  the  direction  and  control  of  the 
Board  of  Electrical  Control  and  ordinances  existing,  or  that  may  be 
enacted.  All  telephone  poles,  except  distributing  poles  from  an  under- 
ground system,  shall  be  removed  in  ample  time  to  prevent  any  interfer- 
ence with  the  street  improvements. 


GitAXT  FOR  Conduits  in  Washinuton  Street  and  Capitol  Avenue. 

The  Southern  Bell  Telephone  and  Telegraph  Company  is  granted 
Southern  Beu  the  right  to  put  dowu  Underground  conduits  and  manholes  on  Wash- 
TeSaph  ^""^  iugtou  strcct  f roui  Woodward  avenue  to  Eichardson  street ;  also  on 
th°orized'^toTay  Capitol  Placc  from  Washington  street  to  Capitol  avenue,  and  on  Capi- 
parts"of  Wash-  tol  avcuuc  froiu  Capitol  Place  to  Woodward  avenue,  with  the  neces- 
and*°Capitof  ii&Yy  distributing  poles  for  the  purpose  of  distributing  wires  from  the 
underground  system.  All  work  under  this  ordinance  to  be  done  accord- 
ing to  ordinances  governing  the  manner  of  doing  such  work,  and  sub- 
ject to  the  direction  and  control  of  the  Board  of  Electrical  Control. 


.Iu]\ 


Grant  to  Cross  Washington  Street  at  Mitchell  Street   with 
Underground  Conduit,  etc. 


Soullieni    Be 


The  Southern  Bell  Telephone  and  Telegraph  Company  is  hereb} 


Telephone         authorized  to  extend  its  underoround  conduit  on  ]\Iitchell  street  from 

Compan)'  s  '^ 

tend^conduH     ""I'thwcst    comcr   of    jMitclicll    and   Washington    across   Washington 
st"ee*f al'ioss      ^^trect,  and  break  the  asphalt  paving  on  Washington  street  for  that 

Washington 
street. 

Sept.  12,  1S9!>. 


purpose;  provided,  said  company,  at  its  own  expense,  replaces  said  pav- 
nig  in  as  good  condition  as  it  now  is. 


(iliANT    TO    CoXSTRT'CT    CoXDCIT    IX    TiMXITY    .VvKXl'E.    ETC. 

Tlie  Southern  Bell  Teleplionc  Company  is  hcrt'hv  atulntrized  to  lay 
Southern  Hell    its  uudcrground  conduit  in  Trinity  avenue  fi'om   the   maiiliolc  near 

Teleplione  ,  . 

Company  au-     the  noi'tlu'ast  comcr  of  Prvor  street  and  Trinitv  avciuic  (d    F(U'svtli 

thorized   to   hiv  i    i  i        i        i      •    i 

conduit  on         street,  and   hreak  tiic  iinck  iiaNUii;-  on    rrN'oi'  street    loi-  that    iturpose; 

Trinity  avenue.  •  ,     ,  •   ,  ,    • ,  "  ,  .,,.'. 

/ironilcil.  said  coiniJain-.  at   its  own  e.\|)ensi'.  I'eplaee  said  |tavini:-  in  a-; 


good  condition  as  it  now  is,  and  in  all  I'especl: 


n|)i\-  Willi  oniii 


Teleppioxe  Franchises.  543 


of  said  city  in  existence,  or  that  may  be  enacted  relative  to  telephone  sept.  23,  isrw. 
companies. 


Gkaxt  to  Ixcijease  the  Capacity  of  the  Coxduit  ix  Garxett 
Street,  etc. 

The  Southern  Bell  Tele])hone    Comj)any    is    herel)y  authorized  to 
increase  the  capacity  of  iis  underground  conduit  in  Garnett  street  from  Telephone 
the  manhole  near  the  southwest  corner  of  Pryor  street  and  Garnett  grant  to  in- 
street  to  the  corner  of  Whitehall  and  Garnett  streets,  and  break  the  of  conduit  on 
brick  paving  on  Pryor  street  for  that  purpose ;  provided,  said  company, 
at  its  own  expense,  replace  said  paving  in  as  good  condition  as  it  now  Sept.  23,  isya. 
is,  and  in  all  respects  comply  with  ordinances  of  said  city  in  existence, 
or  that  may  be  enacted  relative  to  telephone  companies. 


The  Various  Grants  to  the  Atlanta  Standard  Telephone 
Company  Made  by  the  City  of  Atlanta. 


Okigixal   Petitiox    for    EsTABLisH:kiEXT   OF    A    Telephoxe    Ex- 

CHAXCtE. 

Georgia,  Fultox'  Couxty,  City  of  Atlaxta. 
To  the  Mayor  and  General  Council  of  Said  Citi/: 

The  petition  of  the  Atlanta  Telephone  Company  shows : 

That  petitioner  has  obtained  a  charter  from  the  Superior  Court  of  Petition  of 
said  county  for  the  construction  and  operation  of   a  telephone  ex-  phone  Co. 
change "*i**' the  City  of  Atlanta,  and  other  cities  and  towns  in  Georgia,  Reference  to 
in  connection  with  said  exchange  to  be  erected  and  operated  in    the 
City  of  Atlanta. 

Petitioner  further  shows,  that  it  has  now  over  two  thousand  bona 
fide  subscribers,  citizens  of  Atlanta,  ta  its  exchange  for  the  term  of  five  size  of  con- 
years,  and  is  receiving  subscriptions  for  telephones  daily,  additions  to  bu'Sne^ss^ 
its  list  of  subscribers,  and  feels  justified  in  saying  that  it  will  establish 
a  telephone  exchange  in  said  city  of  at  least  three  thousand  telephones, 
and  a  large  number  from  other  cities  and  towns  that  will  be  operated 
in  connection  with  the  Atlanta  Telephone  Company's  Exchange ;  pro- 
vided, permission  shall  be  given,  as  hereinafter  prayed  for. 

Petitioner  pravs  for  permission  to  lav  conduits  as  provided  bv  the 

^  ^  '  ^  •  Permission  to 

ordinances  or  laws  of  said  citv,  in  the  following  streets,  to-wit :     In  ^^y  conduits 

'^  '  in   certain 

Broad  street  from  Marietta  street  to  the  junction  of  Peachtree  street,  streets  asked 
in  Peachtree  to  Houston  street,  in  Houston  to  Ivy  street,  in  Ivy  to  the 
lunction  of  Peachtree    street,    in    Broad    from    Marietta  to  Mitchell 


544 


Telephone  Franchises. 


Physical 
equipment. 


Will    conform 
to  laws. 


street,  in  ]\Iitchell  from  Madison  to  Whitehall  street,  in  Whitehall 
from  Mitchell  to  Garnett  street,  in  Hunter  from  Broad  to  Pryor  street, 
in  Alabama  from  Forsyth  to  Loyd  street,  in  Walton  from  Broad  to 
Foundry  street,  in  Marietta  from  Broad  to  Peachtree  street,  in  Peach- 
tree  to  Edgewood  avenue,  in  Edgewood  avenue  to  Ivy  street,  in  Ivy 
to  Gilmer  street,  in  Gilmer  to  Pratt  street,  in  Pratt  to  Decatur  street. 

Petitioner  prays  further  for  permission  and  authority  to  be  granted 
to  it,  giving  it  authority  to  construct,  operate  and  maintain  the  lines  of 
telephones  and  electric  and  telephone  wires,  including  the  necessary 
poles  and  equipments,  and  to  construct  the  necessary  manholes,  and 
to  make  house  and  building  connections  upon,  along  and  under  the 
streets,  alleys  and  public  places;  also  to  repair,  replace  and  enlarge 
and  extend  the  same,  and  to  carry  on  the  business  of  telephoning  and 
renting  electric  telephones  within  the  City  of  Atlanta. 

Petitioner  also  prays  for  all  the  rights,  powers  and  privileges 
granted  under  ordinance  of  said  city,  approved  September  25,  1891, 
and  embraced  in  Sections  179  and  187,  inclusive,  and  petitioner  shows 
that  it  stands  ready  to  comply  with  any  and  all  requirements  of  the 
ordinance  approved  September  25,  1891,  and  embraced  in  the  sections 
mentioned  aforesaid,  and  with  any  other  law,  requirements,  regula- 
tions or  rules  now  in  force  in  said  City  of  Atlanta. 

Petitioner  will  furnish  to  the  City  of  Atlanta,  free  of  charge,  as 
many  telephones  as  said  city  may  need,  not  exceeding  twenty-five  in 
number,  as  may  be  required  for  city  purposes. 

Petitioner  submits  herewith  for  consideration,  in  passing  upon  this 
application,  drawings  or  plats,  showing  the  proposed  line  for  conduits 
hereinbefore  mentioned. 

Petitioner  further  shows  that  the  telephone  it  will  use  in  its  ex- 
change will  be  superior  to  any  heretofore  in  operation  in  this  city,  at 
prices  nearly,  if  not  quite,  one-half  the  cost  to  its  subscribers. 

And  petitioner  prays  for  all  other  rights,  powers  and  privileges  nec- 
essary for  the  construction,  operation  and  maintenance  of  the  tele- 
phone exchange  in  said  city  hereinbefore  mentioned. 

James  &  Bell, 
EossER  &  Carter, 
Attorneys  for  Petitioners. 


Will  furnish 
free  twenty-five 
telepkones  to 
the  city. 


Plats  of  con- 
duits. 


Kind  of  tele- 
phone proposiHl 
to  be  used. 


April  20,  1896. 


Original  (Irant. 


Apr 


24,  lS)'i. 


Section  1.     The  petition  of  the  Atlanta  Telephone  Company,  which 
was  introduced  in  Council  on  the  seventh  day  of  April,  1896,  and   re- 
lanta  Tele-       fcrrcd  to  the  Committee  on  Electric  Lights,  Telegraphs  and  Telephones, 

phone    Cornpa-    .     ,  ,  .     ■,  1 1        i  t    •  ■  i  t         • 

ny  embraced  in  IS  hereby  granted  upon  the  terms  proposed  m  said  application,  subject 

inclusive, 

is   granted,  .  p  •  ^ 

subject  to  eon-  Imsuiess  ot  saul  company  m  accordance  with 


recited. 


to  the  regulation  of  the  construction  and  operation  of  thv  lines  and 

existint!,'  (M-diiiances  of 


the  City  of  Atlanta,  and  sudi  as  niav  be  made 


il)le  1(1  the  suh- 


Telephone  Franchises.  545 


ject;  provided,  this  grant  is  subject  also  to  the  conditions  hereinafter 
stated. 

Sec.  3.     Before    the    Atlanta    Telephone    Company    shall    break 
gronnd  in  the  limits  of  the  City  of  Atlanta  for  the  purpose  of  laying  fJ;jf^j''4Xits 
conduits,  plans  and  specifications  showing  the  details  of  the  entire  g.  B^oa^r^Tf""^^'' 
construction  of  the  proposed  system  of  conduits  shall  be  submitted  confroi?^ 
to  and  approved  by  the  Board  of  Electrical  Control  of  the  City  of  At- 
lanta, and  said  Board  of  Electrical  Control  shall  have  the  right  to 
inspect  and  supervise  the  construction  of  such  system  of  conduits,  and 
said  Board  of  Electrical  Control  shall  have  the  right  to  reject  any  or 
all  unsatisfactory  material  or  work  which  may  be  discovered  by  them 
in  the  course  of  such  inspection,  and  to  require  the  removal  of  such 
rejected  material  and  the  replacing  of  rejected  work  and  material: 
provided,  said  company  if  dissatisfied  with  the  rulings  of  said  Board 
of  Electrical  Control,  shall  have  the  right  to  have  the  matter  finally 
decided  by  the  Mayor  and  General  Council. 

Sec.  3.     Before  breaking  ground  for  the  purpose  of  constructing 
-,   .,         .  -,  1    11     •  1,      1       -4^1.  -1     i.  s°"'i  °f  *5,ooo 

conduits,  said  company  shall  give  a  bond,  with  one  or  more  resident  required. 

sureties,  approved  by  the  Mayor,  in  the  sum  of  five  thousand  ($5,000) 
dollars,  conditioned  to  indemnify  and  hold  the  City  of  Atlanta  harm- 
less against  damages  to  persons  or  property  resulting  from  the  open- 
ings in  streets,  or  the  collection  of  building  material  in  the  streets, 
arising  from  the  work  of  said  company,  or  its  failure  to  keep  any 
openings  in  the  streets,  or  any  materials  collected  in  the  streets,  proi?- 

1  ,,,.,„,.,  '11      Requirements 

erly  protected  by  lights,  fences,  barricades  and  such  other  things  as  ^^r  protection 
■'   \  J      a      7  }  ^        ^^  ^.^^^  ^^^ 

may  be  necessary  to  guard  against  injury  to  persons  or  property.     It  citizens, 
shall  likewise  l)e  tlu'  duty  of  said  company,  before  breaking  ground, 
to  obtain  a  permit  to  make  excavations  from  the  Commissioner  of 
Public  Wofes,  and  to  notify  the  Chief  of  the  Fire  Department  of  each 
intended  excavation,  and  to  also  give  a  bond  in  the  sum  of  two  thou-  ,,„„„,     , 

'^  $2,000  bond  re- 

sand  ($3,000)  dollars,  with  one  or  more  sureties,  to  be  approved  bv  the  ^""'^'^  ^^  ^^'^- 

^  ■>  I  r  .  antee  that 

Mayor,  conditioned  so  as  to  require  said  company  to  place  every  street  ^^Jff^^^  opened 
or  portion  of  a  street  opened  by  it  for  the  purpose  of  laying  conduits  ^°o'^  '"'f'<''"- 
in  as  good  condition  and  repair,  immediately  upon  the  completion  of 
the  work  in  any  block,  as  it  was  before  said  opening  was  made,  and  to 
maintain  the  portion  of  the  street  lying  above  such  conduit  in  like 
condition  and  repair,  as  provided  for  by  existing  ordinances. 

Sec.  4.  Said  company  shall  not  be  permitted  to  erect  telephone 
poles  on  the  part  of  any  street,  lane  or  alley  where  conduits  are  nowj^-^  j^,^  ^,. 
laid,  nor  elsewhere,  in  the  inner  fire  limits  of  the  City  of  Atlanta,  but  fi^rdistHct"''' 
may  erect  such  poles  on  streets,  lanes  or  alleys  outside  the  inner  fire 
limits  of  the  City  of  Atlanta  not  now  occupied  by  conduits,  all  of  the 
material  used  to  be  subject  to  the  inspection  and  approval  of  the  City 
Electrician  and  Board  of  Electrical  Control,  which  shall  have  the 
right  to  condemn  and  reject  any  unsatisfactory  poles,  or  the  equip- 

(35) 


546 


Telephone  Franchises. 


Regrulation   of 
prices  to  be 
charged. 


ment  thereof,  and  to  require  the  removal  and  replacement  of  defective 
or  unsatisfactory  poles,  wires  or  equipment. 

Sec.  5.  Said  Atlanta  Telephone  Company  shall  not  have  the  right 
to  increase  its  charges  for  services  above  the  rates  specified  in  existing 
contracts,  to-wit :  Thirty-six  dollars  per  annum  for  stores  and  offices, 
and  twenty-four  dollars  per  annum  for  residences,  during  the  period 
of  five  years  from  the  time' it  begins  to  transact  business,  either  for 
services  furnished  said  contracting  parties,  or  other  ])ersons  requiring 
similar  services  in  the  City  of  Atlanta. 

Sec.  6.  The  privilege  granted  in  this  ordinance  shall  be  void 
unless  said  Atlanta  Telephone  Company  shall  begin  work  within 
ninety  days  from  the  approval  of  this  ordinance,  and  complete  the 
same  to  such  an  extent  as  to  have  a  working  telephone  exchange,  cap- 
able of  accommodating  one  thousand  subscribers,  within  eighteen 
months  after  the  date  of  the  approval  of  this  ordinance. 

Sec.  7.  The  property  of  said  company  shall  be  subject  to  ad  valo- 
rem taxation  like  other  taxable  property  in  the  City  of  Atlanta ;  unless 
the  Mayor  and  General  Council  of  said  city  shall  substitute  therefor 
a  tax  on  instruments  in  use  or  on  the  tolls  of  the  company,  in  which 
case  such  tax  shall  not  exceed  that  collected  from  other  companies 
doing  the  same  class  of  business. 

Sec.  8.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
the  foregoing  ordinance  are  hereby  rei^ealed. 


Property  sub- 
ject to  taxa- 
tion. 


April   24,    1896. 


Grant  for  Conduits  in  Broad  and  Other  Streets. 


Conduits  in 
Broad  and 
other    streets 
hereinafter 
named. 


The  Atlanta  Telephone  Company  is  granted  permission  to  construct 
underground  conduits  in  the  following  streets :  Broad  from  Mitchell 
ro  the  junction  of  Peachtree,  Peachtree  to  Houston,  Houston  to  Ivy, 
Ivy  to  junction  of  Peachtree,  Marietta  from  Broad  to  Peachtree, 
Peachtree  to  Edgewood  avenue,  Edgewood  avenue  to  Ivy,  Ivy  to  Gil- 
mer, Gilmer  to  Pratt,  Pratt  to  Decatur,  Walton  from  Broad  to  Foun- 
dry, Mitchell  from  Madison  to  Whitehall,  Whitehall  to  Garnett, 
Hunter  from  Broad  to  Loyd,  Alabama  from  Forsyth  to  Loyd;  said 
conduits  to  be  constructed  on  plans  subject  to  the  approval  of  the 
Board  of  Electrical  Control,  and  subject  to  all  ordinances  on  the  sub- 
ject.    Conflicting  laws  are  repealed. 


Petition  for  Extension  of  Time  in  Which  to  Co.m:mence  Work. 


Georgia,  Fultox  County,  City  of  Atlanta. 
To  the  Honorable  Mayor  and  General  Council  of  the  City  of  Atlanta: 
The  petition  of  tlio  Athuita  Tclcpliono  Company  sliow?  that  on  the 


Telephone  Franchises.  547 


twentieth  of  April,  1896,  a  franchise  was  granted  to  petitioner  by  thep^^j^j^^  ^^^^^ 
Mayor  and  General  Council  of  said  city,  which  franchise  was  approved  ^ant!^'"*' 
by  Mayor  of  said  city  on  the  twenty-fourth  day  of  April,  1890.  In 
Section  6  of  said  franchise  so  granted  it  is  provided :  "Be  it  further 
ordained  by  the  authority  aforesaid.  That  the  privilege  granted  in  this 
ordinance  shall  be  void  unless  said  Atlanta  Telephone  Company  shall 
begin  work  within  ninety  days  from  the  approval  of  this  ordinance, 
and  complete  the  same  to  such  an  extent  as  to  have. a  working  tele- 
phone exchange,  capable  of  accommodating  one  thousand  subscribers, 
within  eighteen  months  after  the  date  of  the  approval  of  this  ordi- 
nance." 

Petitioner  further  shows  that  since  the  granting  of  said  franchise 
it  has  proceeded : 

1.  To  fully  organize  for  the  purpose  of  erecting  a  telephone  sjs- ^^^^^^^^^J°\^ 
tem  in  said  City  of  Atlanta  as  heretofore  specified  in  the  petition  upon  f^"^^|  In^hl- 
which  the  franchise  was  granted.  ^^"^^^^  '^'°^^- 

2.  Petitioner  has  purchased  three  thousand  telephones,  with  the 
privilege  of  increasing  said  number  over  three  thousand  telephones  as 
may  l)e  necessary. 

3.  Petitioner  has  made  contract  for  the  material  to  lay  conduits 
in  said  city,  which  contract  was  entered  into  with  Stevens  Bros.  &  Co., 
of  Macon,  Ga.,  who  are  now,  and  have  been  for  some  time  past,  engaged 
in  the  manufacture  of  material  for  conduits,  etc. 

4.  Petitioner  has  made  contract  with  J.  E.  Holcomb  and  others  certain  con- 
of  thlWity  for  the  purpose  of  building  manholes  and  putting  in  the  been  ^madr 
entire  system  of  conduits  for  petitioner,  as  is  specified  in  the  ordinance 
granting  petitioner  the  right  to  lay  conduits  in  said  city. 

5.  Petitioner  has  purchased  the  poles  and  a  great  deal  of  other 
material  for  the  purpose  of  building  its  system  in  said  city. 

6.  Petitioner  makes  these  statements  to  show  its  good  faith  in 
proceeding  with  the  erection  of  its  telephone  system. 

Wherefore  petitioner    prays    that    said    franchise    so    granted    be 
amended  so  as  to  continue  the  privileges  therein  granted  to  actually  sion  ortime^'^' 
commence  work  in  the  city  for  sixty  days  longer,  or  that  the  Mayor 
and  General  Council  recognize  what  has  been  done  as  beginning  work 
within  the  meaning  of  the  contract. 
And  your  petitioner  will  ever  pray. 

Atlanta  Telephone  Company, 

Petitioner. 

Grant  Extending  Time  in  Which  to  Commence  Work. 

Section  6  of  an  ordinance  granting  a  franchise  to  the  Atlanta  Tel- 
ephone Company,  which  was  passed  by  the  Council  on  the  twentieth  of  ^*tt"davs°^ 
April,  1896,  and  approved  by  the  Mayor,  and  entitled  "An  ordinance  fo^'tommence*''' 


providing  for  the  granting  of  the  petition  of  the  Atlanta  Telephone 


work. 


548 


Telephone  Franchises. 


Company  for  permission  to  construct  and  operate  a  telephone  exchange 
in  the  City  of  Atlanta/' is  amended  by  striking  the  figures  "90"'' between 
the  words  "within"  and  "days"  and  insert  in  lieu  thereof  150,  so  that 
such  section  when  amended  will  read  as  follows,  to-wit:  The  privi- 
lege granted  in  this  ordinance  shall  be  void  unless  said  Atlanta  Tele- 
jihone  Companv  shall  begin  work  within  one  hundred  and  fifty  days 
from  the  approval  of  this  ordinance,  and  complete  the  same  to  such 
an  extent  as  to  have  a  working  telephone  exchange,  capable  of  accom- 
modating one  thousand  subscribers,  within  eighteen  months  after  the 
date  of  the  approval  of  this  ordinance. 

Sec.  2.  All  the  rights,  powers  and  privileges  granted  to  said  At- 
lanta Telephone  Company  in  the  ordinance  mentioned  aforesaid,  which 
was  passed  by  the  Mayor  and  General  Council  of  said  city  on  the 
twentieth  day  of  April,  1896,  and  approved  by  the  Mayor,  are  hereby 
extended  and  granted  to  it  for  and  during  the  time,  and  on  the  condi- 
tions stated  in  the  first  section  of  this  ordinance. 


Void  unless 
work  is  actual 
ly  begun. 


.July   24,    1896. 


The    rights 
heretofore 
granted  are 
continued. 


Grants  for  Conduits  in  Loyd  and  Other  Streets. 


All  ordinance 
authorizing 
the  Atlanta 
Telephone 
Company  to 
on  struct 
underground 
conduits  in 
I<oyd  and  other 
streets. 


Sept.  25,  189(). 


Section  1.  The  Atlanta  Telephone  Company  is  granted  permis- 
sion to  construct  underground  conduits  in  the  following  streets  in  said 
city,  to-wit :  In  Kenney's  alley  from  Grant's  private  alley  to  Loyd 
street,  in  Loyd  from  Garnett  to  Decatur  street,  in  Decatur  from  Loyd 
to  Ivy  street,  in  Ivy  from  Decatur  to  Houston  street,  in  Peachtree 
from  Edgewood  avenue  to  Walton  street,  in  Walton  from  Peachtree 
to  Broad  street,  in  Hunter  from  Loyd  street  to  Capitol  avenue,  in 
Peachtree  street  from  Houston  to  Church  street,  in  Church  from 
Peachtree  to  Spring  street.  Permission  to  lay  conduits  in  private 
alleys  to  be  gotten  from  abutting  property  o^^oiers  by  the  Atlanta  Tel- 
ephone Company. 

Sec.  2.  The  privileges  herein  granted,  are  in  no  way  to  interfere 
with  the  rights  and  privileges  heretofore  granted  to  the  Atlanta  Tele- 
phone Company  to  construct  conduits  in  other  streets  in  said  city. 

Sec.  3.     Eepeals  conflicting  laws. 


Amendment  to  the  Grants  Hkretofork  ]\Iade. 


Rights  hereto- 
fore granted 
are  continued. 

Oct.  5,  1896. 


All  the  rights,  powers  and  ]n-ivileges  granted  to  said  Atlanta  Tele- 
phone Company  in  tbe  ordinance,  adopted  by  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  on  the  twenty-first  day  of  April,  189(5, 
and  also  the  amendment  to  the  same  on  July  23,  189(5,  granted  by  said 
^layor  and  Council,  are  hereby  extended  and  granted  to  said  Allnnta 
Telephone  Company  for  eighteen  months,  from    A])ril    21,    18!)() : /j/vj- 


Teleimioxe  Fkakciiises.  549 


rided,  work  shall  begin  within  two  Imndred  and  ten  (^10)  days  from 
October  5,  189fi. 


Ordinance  Pi{escribix(;  Where  Work  Shall  Begin. 
Section  1.     The  Atlanta  Telephone  Company  is  hereby  granted 

1        •  •  1  1  -I     -J  ftr   ij  -I  Permission  to 

permission  to  begin  work  on  its  undergronnd  conduits  on  Walton  and  begin  work  on 
Peachtree  streets,  and  work  thence  directly  with  one  line  to  the  central  Peachtree 
station,  and  after  that  is  completed  the  said  company  shall  begin  to 

'  .  „        .  ,  Oct.    24,    1896. 

construct  all  of  its  other  lines  of  conduits  at  the  central  station  of  said 
telephone  company  and  work  out  from  that  point ;  provided,  that  no 
vested  rights  shall  be  passed  from  the  city  tliat  shall  1)0  construed  as 
property  or  rights  of  sale  to  any  otlier  person  or  company. 


Time  for  Completion    of    Exchange    Extended  to  October  24, 

1898. 

The  ordinance  approved  on  the  twenty-fourth  day  of  April,  1896, 
grantiyo-  the    Atlanta    Telephone    Company    franchise    to    erect  and  j^™?J°^jCom- 
operate  an  exchange  in  the  City  of  Atlanta.  ])e  and  the  same  is  iiereby  ^jJ^'J^^Q^f^f"^" 
amended  so  as  to  extend  to  such  company,  which  is  now  known  as  the  -*■  ^^^^• 
Atlanta  Standard    Telephone    Company,    twelve    months    from    the  *^'"*-  '^^'  ^^''~- 
twenty-fourth  day  of  October,  1897,  within  wdiich  to  complete  its  work 
to  such  an  extent  as  to  have  its  telephone  plant  completed  so  as  to 
have  a  working  telephone  exchange  capable  of  accommodating  two 
thousand  subscribers ;  on  condition  that    said    company    will   make  a 
new  bond  in  the  sum  of  seven  thousand  dollars,  with  security  satisfac- 
tory to  the  Mayor,  and  that  active  work  shall  be  commenced  by  said 
company  within  thirty  days'  time,  and  continued  in  a  manner  satis- 
factory to  the  Board  of  Electrical  Control,  and  that  failure  to  comply 
with  these  requirements  shall  work  a  forfeiture  of  its  franchises. 


An   Amendment   to   Grant   Allowing   Company   to   Commence 
Work  on  Walton  and  Peachtree  Streets,  etc. 

Section  1.     The  ordinance  of  said  city,  approved  on  the  twenty- 
fourth  day  of  October,  1896,  and  being  an  ordinance  providing:  for  the  Modifying  pro- 

'  '  °  1  o  vises  to  previ- 

Atlanta  Telephone  Company  to  begin  work  on  Walton  and  Peachtree  °'^l  f^TntT 
streets,  is  amended  by  striking  out  the  following  words:  ''P''ovided,'^^^^^P\^^^ 
that  no  vested  rights  shall  be  passed  from  the. city  that  shall  be  con-^.^^   ^g   ^g^- 
strued  as  property  or  rights  of  sale  to  any  other  person  or  company," 
and  insert  in  lieu  thereof  the  following:     Provided,  that  no  vested 
rights  shall  pass  from  the  city  to  conflict  with  Section  187  of  the  ordi- 


550 


Telepjioxe  Fkanchises. 


nances  of  said  city  in  pamphlet  form,  as  appears  on  page  SO  of  said 
pamphlet,  the  same  being  Section  9  of  the  ordinance  of  said  city  ap- 
proved on  September  25,  1891 ;  and  providing  further,  that  nothing 
in  this  ordinance,  or  any  other  ordinance,  of  said  city  relative  to  the 
Atlanta  Telephone  Company,  and  now  the  Atlanta  Standard  Tele- 
phone Company,  shall  in  any  way  interfere  with  or  prohibit  the  said 
Atlanta  Standard  Telephone  Company,  formerly  the  Atlanta  Tele- 
phone Company,  from  mortgaging  any  of  its  property,  rights  and 
franchises  for  the  purpose  of  securing  mortgage  bonds,  which  have 
already  been  issued  by  said  Atlanta  Telephone  Company,  or  which 
may  hereafter  be  issued  by  said  Atlanta  Standard  Telephone  Company. 
Sec.  2.  The  property  and  franchises  of  said  telephone  company 
may  be  mortgaged  upon  the  express  condition  that  the  mortgage  shall 
not  affect  the  conditions  upon  which  said  franchise  was  granted  as  to 
any  matter  of  regulation  or  prices  to  be  charged  for  telephones,  or  any 
other  conditions  imposed  upon  said  franchise,  either  in  the  city  as  it  now 
exists  or  any  extension  of  territory  hereafter;  and  that  neither  said 
company,  its  successors  nor  assigns,  shall  charge  more  rhan  thirty-six 
dollars  for  business  places  or  twenty-four  dollars  for  private  residences 
at  any  time. 


Reservations 
as  to  regula- 
tions of  busi- 


May  extend 
conduit  fiom 
Ivy  to  Court- 
land  street. 
Jan.    21,    1898 


Grant  for  Extejjsion  of  Conduit  on  Edgewood  Avenue. 

The  Atlanta  Standard  Telephone  Company  is  granted  permissioji 
to  extend  the  underground  conduit  from  Ivy  street  to  Courtland 
street. 


Grant  for  Conduit  in  Marietta  and  Other  Streets. 


Section  1.     The  Atlanta  Standard  Telephone  Company  is  hereby 

granted  permission  to  construct  underground  conduits  in  the  following 

Permission  to  streets  in  said  city,  to-wit :    In  Marietta  from  Broad  to  Bartow  street, 

lay  conduits  in  -^ '  ' 

certain  streets,  jj^  Bartow  from  Marietta  to  Walton  street,  in  Hunter  from  Broad  to 
Madison  or  Thompson  street,  in  Luckie  from  Peachtree  to  Cone  street, 
in  Forsyth  from  Poplar  to  James  street. 

Sec.  2.  The  privileges  herein  granted  and  set  out  in  the  foregoing 
section  of  this  ordinance  are  in  no  way  to  interfere  with  any  of  the 
rights,  powers  and  privileges  heretofore  granted  to  the  Atlanta  Tele- 
phone Company  originally,  but  now  the  Atlanta  Standard  Telephone 
Company,  to  construct  conduits  in  any  of  the  streets  of  said  city  here- 
tofore set  out  in  previous  ordinances. 

Sec.  3.  In  the  event  that  any  of  the  streets  which  may  not  be  occu- 
certain  reser-  P'^d  by  Said  Atlanta  Standard  Telephone  Company  with  conduits  as 
vation.  ^^,gg  gg|.  Q^^|.  jjj  ^i^g  j^j.gj.  gggi^JQj-^  jn  ^]-,jg  ordinance,  shall  bo  free  from 


Telkimione  Franchises.  551 


the  provisions  of  this  ordinance  so  far  as  relates  to  the  streets  that  may 
not  be  occupied  at  the  expiration  of  said  twelve  months. 

Sec.  4.     All  laws  and  parts  of  laws  in  conflict  with  this  ordinance  fjo^'^^^^"'^  ^^^' 
are  hereby  repealed.  ^^"^•^  "•  ^^ss. 


Grant  for  Conduits  in  Ivy  Street  across  Auburn  Avenue. 

Section  1.     The  Atlanta  Standard  Telephone  Company  is  granted 
permission  to  lay  conduits  (eight  ducts)  in  Ivy  street  across  Auburn  lay  conduits, 
avenue,  said  conduits  to  be  laid  subject  to  the  approval  of  the  Board  across  Auburn 
of  Electrical  Control  and  subject  to  all  existing  ordinances. 

Sec.  2.     Eepeals  conflicting  ordinances  only  so  far  as  to  permit  Au-  Repealing:  sec- 
burn  avenue  to  be  crossed  at  Ivy  as  specified  in  foregoing  section.         *^'°"' 


Grant  for  Conduits  in  Forsyth  Street  and  Madison  Avenue. 

Th^ Atlanta  Standard  Telephone  Company  is  authorized  to  lay  con-  pe,.n,igsion  to 
duit  in  Forsyth  street    from    Alabama    street    to    Walton    street,  in  pYrsv^h'^and  '" 
Madison  or  Thompson  street  from  Hunter  street  to  Peters  street.     All  ^^gpf"" 
work  authorized  to  be  under  the  control  and  inspection  of  the  Board  ^^^  ^  jg^g 
of  Electrical  Control,  as  required  by  existing  ordinances. 


Time  for  Completion  of  Exchange  Extended,  and  Other 

Grants. 

.  Section  1.     The  ordinance    approved   the    twenty-fourth    day    of  original 
April,  A.  D.,  1896,  granting  to  the  Atlanta  Telephone  Company,  now  fmTndn^ents 
known  as  the  Atlanta  Standard  Telephone  Company,  a  franchise  and  amended.^"^**^^"^ 
permission  to  erect,  construct  and  operate  a  telephone  exchange  in  the  oct.  7.  ism. 
City  of  Atlanta,  and  the  various  supplements  and  amendments  thereto, 
are  hereby  amended  as  follows  : 

(a).     The  time  for  the  completion  of  an  exchange  capable  of  accom- 
modating two  thousand  subscribers  is  extended  to  the  first  day  of  May,  pieUon°of''°ex- 
1899;  provided,  continuous  work    is  kept  up  and  the  exchange    com-  ed'^trMay'^T*^" 
pleted  and  in  actual  operation,  and  all  rights  and  privileges  heretofore 
granted  to  the  said  telephone  company  are  hereby  confirmed,  granted 
and  extended  until  said  date. 

{h).  In  Section  4  of  the  ordinance  of  April  30,1896,  after  the 
words  reading  as  follows:  "Be  it  further  ordained  by  the  authority  of%oies!^^  """ 
aforesaid,  that  said  company  shall  not  be  permitted  to  erect  telephone 
}joles  on  the  part  of  any  street,  lane  or  alley  where  conduits  are  now 
laid,  nor  elsewhere  in  the  fire  limits  of  the  City  of  Atlanta,"  the  words 
"except  terminal  or  distributing  poles"  shall  be  added. 


552  Telephone  Franchises. 


Sec.  2.     All  ordinances  and  parts  of  ordinances  in  conflict  with  the 
Eepeaiing  sec-  foregoing  amendment  are  hereby  repealed,  but  nothing  in  any  of  said 
Oct.  7.  1898.     ordinances  or  amendments  not  herein  expressly  repealed  or  amended 
shall  be  repealed  or  modified  hereby. 


Grant  for  Conduit  in  Cone  Street. 

The  ordinance  heretofore  passed  granting  privileges  to  the  xVtlanta 
Permission  to    Standard  Telephone  Company  are  so  far  amended  as  to  ]iermit  said 
Cone  street,      company  to  lay  an  underground  conduit  in  Cone  street  from  Marietta 
April  11,  1899.  to  lAickic  strcct,  instead  of  laying  the  conduit  heretofore  authorized 
in   Luckie  street  from   Peachtree   to   Cone  street;  vrovided,  this  per- 
mission is  granted  subject  to  all  the  conditions  annexed  to  the  grants 
heretofore  made  to  said  company. 


Grants  for  Conduits  in  Peters  and  Other  Streets. 

Section  1.  The  Atlanta  Standard  Telephone  Company  is  hereby 
Permission  to  -utliorized  to  lay  an  underground  conduit  on  Peters  street  from 
Thompson  street  to  Mangum  street,  in  Decatur  from  Ivy  to  Butler 
street,  and  on  Pryor  from  Edgewood  avenue  to  Kimball  House:  pru- 
vided,  it  complies  with  all  ordinances  on"  the  subject  of  laying  conduits, 
and  imder  the  direction  of  the  Board  of  P^lectrical  Control. 


lay  conduits 
in  certain 
streets. 

April   22.    18 


Extension   of   Time   for    Completion    of   Exchange    Made    to 
October  1,  1899. 

Section  1.     The    ordinance    approved    the    twenty-fourth    day  of 

Original  grant  A])ri],  A.  D.,  189(),  granting  to  the  Atlanta  Telephone  Company,  now 

ments  further    kuown  as  the  Atlanta  Standard  Telephone  Company,  a  franchise  and 

permission  to  erect,  construct  and  operate  a  telephone  exchange  in  the 

City  of  Atlanta,  and  the  various  supplements  and  amendments  thereto, 

l)e  and  the  same  are  hereby  amended  as  follows : 

(a).  The  time  for  the  completion  by  said  company  of  an  exchange 
Time  for  com-  Capable  of  accommodating  two  thousand  subscribers  is  extended  to  the 
change  ex-"'''    first  day  of  Octobcr,  A.  D.,  1899 ;  provided,  continuous  work  is  kei)t  up 

tended   to  Oct.         -,    , ,  '  ,  .  ,    ,     n  ,  •  ,  •  ,       , , 

1.  1899.  and  the  exchange  is  completed  and  put   in  actual  operation,  and  all 

rights  and  privileges  heretofore  granted   to  tlu'  said  telephone  lom- 
pany  are  hereby  confirmed,  granted  and  extended. 

Sec.  2.     All  ordinances  and  parts  of  ordinances   in  contlict   with 

Repealing  sec-  tlic  forcgoiiig,  be  and  the  same  are  herebv  Te|)eaied.  hut  nothing-  in 

tion.  .  .  ■ 

»    •,  o.   ,a.,     '1"^'  ^'  ^'lifl  ordinances  or  ainendinents  not   herein  ex|)resslv  repealed 

April   22,   1890.  I.I 

or  amended  shall  be  repealed  or  inodilied  herel)y. 


Telephone  Franchises.  553 


Grants  for  Conduits  in  Pkyor  and  Other  Streets. 

The  Atlanta  Standard  Telephone  Company  is  hereby  authorized  to  pg^jg^j^j^  ^^ 
extend  its  underground  conduits  to  and  along  Pryor  street  from  Ala-  j,^^^?,"''"''^^  '° 
bama  to  Hunter  street;  Decatur  street  from  Loyd  to  the  southwest  streets, 
corner  of  Pryor ;  Foundry  street  from  Walton  to  Luckie ;  Cain  street  ^a.^  i!'.  i899. 
from  Ivy  to  Courtland; Nelson  street  from  Madison  avenue  to  Forsyth; 
Forsyth  street  from  Marietta  to  the  railroad  track  under  the  viaduct ; 
subject  to  all  ordinances  regulating  the  laying  of  conduits,  and  to  the 
direction  of  the  Board  of  Electrical  Control,  as  provided  by  existing 
ordinances  or  such  as  may  be  enacted. 


X  Grant  for  Conduit  in  Spring  Street. 

The  Atlanta  Standard  Telephone  Company  is  hereby  authorized  to  ^ 
extend  its  underground  conduit  to  and  along  Spring  street,  subject  lay  conduit  in 
to  all  ordinances  regulating  the  laying  of  conduits,  and  to  the  direc- " 
tion  of  the  Board  of  Electrical  Control,  as  provided  by  existing  ordi- '   '     ' 
nances,  or  such  as  mav  be  enacted. 


Grants  for  Conduits  in  Whitehall  Street. 

Section  1.     The  Atlanta  Standard  Telephone  Company  is  granted  Atlanta 
the  right  to  put  down  underground  conduits  and  manholes  on  White-  fphone ''cw 
hall  street  from  Garnett  street  to  and  across  under  the  tracks  of  the  authonty"to'' 
Central  of  Georgia  Eailroad  Company ;   said   conduits  to  pass  above  pYrt^'of'^"'^^  °° 
the  tracks  of  the  Southern  Eailway  Company,  underneath  the  bridge,  ^reet.*"^" 
suspended  to  the  same,  over  said  tracks ;  also  to  set  the  necessary  dis-  juiy  7,  1899. 
tributing  poles  for  the  purpose  of  distributing  wires  from  an  under- 
ground system.     All  work  shall  be  done  suliject  to  the  direction  and 
control  of  the  Board  of  Electrical  Control,  and  ordinances  existing  or 
that  may  be  enacted. 

Sec.  2.  Work  shall  begin  on  said  underground  work  within  thirty 
days,  and  shall  be  completed  before  said  street  improvements  are  com- 
pleted, which  shall  be  within  ninety  days  from  the  ])assage  of  this 
ordinance. 

Sec.  3.  All  telephone  poles,  except  distributing  poles  from  an 
underground  system,  shall  be  removed  in  ample  time  to  prevent  anv 
interference  with  street  improvements. 


Grant  for  Conduits  in  Pryor  and  Foundry  Streets. 

The  Atlanta  Standard  Telephone  Company  is  hereby  authorized  tOj„,y 
extend  its  underground  conduits  in  and  along  Prvor  street  from  Ala- 


554 


Telephoxe  Fkaxchises. 


bama  street  to  Hunter  street;  also  in  Foundry  street  from  Marietta 
street  to  and  across  Luckie  street;  subject  to  all  ordinances  regulating 
the  laying  of  conduits,  and  to  the  direction  of  the  Board  of  Electrical 
Control,  as  provided  by  existing  ordinances,  or  such  as  may  be  enacted. 


July  22, 


CoxDuiTs  IX  Caix  and  Xelsox  Streets. 

The  Atlanta  Standard  Telephone  Company  is  hereby  authorized  to 
extend  its  underground  conduits  in  and  along  Cain  street  from  Ivy  to 
^'  Courtland  street,  and  in  Xelson  street  from  Madison  street  to  Forsyth 
street,  and  build  manholes  in  the  same.  Subject  to  all  ordinances 
regulating  the  laying  of  conduits,  and  to  the  direction  of  the  Board  of 
Electrical  Control,  as  provided  by  existing  ordinances,  or  such  as  may 
be  enacted. 


(iRANT  FOB  Conduit  Across  Washington  at  Hunter  Street. 


An   ordinance 
granting    the 
Atlanta 
Standard  Tel- 
ephone Com- 
pany privilege 
to  cross  the 
asphalt   pave- 
ment  in   Wash- 
ington   street 
at  the  intersec- 
tion of 
Hunter. 
Oct.    9,    1899. 


The  Atlanta  Standard  Telephone  Company  is  hereby  authorized  to 
open  the  asphalt  pavement  across  Washington  street  at  the  intersec- 
tion of  Hunter  for  the  purpose  of  laying  one  four-hole  conduit  for 
telephone  purposes;  the  pavement  to  be  replaced  by  the  Warren- 
Scharf  Asphalt  Paving  Company  at  the  expense  of  the  Atlanta  Stand- 
ard Telephone  Company;  subject  to  all  ordinances  regulating  the  lay- 
ing of  conduit,  and  to  the  direction  of  the  Board  of  Electrical  Control, 
as  provided  by  existing  ordinances,  or  such  as  may  be  enacted. 


Resolution  Confirming  the  Grants  to  the  Atlant.- 
Telephone  Company. 


Standard 


The  Board  of  Electrical  Control  beg  leave  to  report  that  they  have 
councii°lp-  inspected  the  exchange  of  the  Atlanta  Standard  Telephone  Company 
ian^r^st^andard  ^^^  ^^^  ^^^^  ^^^^  compauy  has  fully  complied  with  the  requirements 


Telephone 
Company. 


Oct.   9,  1899. 


of  the  amended  ordinance  approved  April  22,  1899. 

Wherefore  they  recommend  the  adoption  of  the  following  resolu- 
tion: 

Resolved,  That  the  Atlanta  Standard  Teleplione  (*ompany,  having 
complied  with  the  requirements  of  the  ordinances  heretofore  passed 
authorizing  it  to  construct  and  operate  a  telephone  exchange  in  the 
City  of  Atlanta,  has  hereby  confirmed  to  it  all  the  rights,  powers  and 
privileges  conferred  by  the  original  ordinance  and  the  amendments 
thereto. 


MAYORS  AND  MEMBERS 


OF  THE 


GrENERAL   COUNCIL  OE   THE   CiTY 

OE  Atlanta 

FROM  1848  TO  1899.  ZNCLUSIVE. 


Those  Marked  (*)  aee  Dead. 

1848. 

Mayor — Moses  W.  Formwalt.* 

Councilmen. 

Jonas  S.  Smith,*  Benjamin  F.  Bomar,* 

E.  W.  Billiard,*  James  A.  Collins,* 

Anderson  W.  Walton,*  Leonard  C.  Simpson.* 

1849. 
Mayor — Benjamin  F.  Bomar.* 

COUXCILMEN. 

Jonas  S.  Smith,*  Ira  0.  McDaniel,* 

A.  B.  Forsyth,*  P.  M.  Hodge,* 

J.  A.  Hayden,*  Henry  C.  Holcombe.* 

1850. 

Mayor— Willis  Biiell.* 

Councilmen. 

Joel  Kelsey,*  H.  C.  Holcombe,* 

J.  T.  Humphries,*  P.  M.  Hardin,* 

S.  T  Biggers,  W.  W.  Roark.* 

1851. 

Mayor — Jonathan  Norcross.* 

Councilmen. 

J.  T.  Humphries,*  J.  A.  Hayden,* 

Paschal  House,*  W.  W.  Eoark,* 

John  Jones,*  D.  IMcSheffrey.* 


556 


Mayors  and  Membeks  of  Couxcil. 


Stephen  Terry/ 
I.  0.  McDaniel, 
J.  Norcross  * 


1852. 
Mayor — Thomas   F.   Gibbs.* 

COUXCILMEX. 

(Timby,* 

L.  C.  Simpson,* 
E.  E.  Mangum.* 


J.  A.  Hayden,* 
J.  Norcross,* 
L.  C.  Simpson,* 
J.  I.  Whitaker.* 


1853   (a). 
Mayor — John  F.   Mims* — William  Markham.' 

COUXCILMEN. 

W.  ^I.  Butt,* 
I.  O.  McDaniel,* 
J.  Winship,* 


J.  I.  Whitaker,* 
L.  C.  Simpson,* 
Paschal  House,* 
John  Glen,* 
J.  K.  Swift,* 
J.  S.  Oliver,* 
Eli  J.  Hulsey.* 


1854    (b). 
Mayor— William  M.   Butt.* 

COUNCILMEN. 

W.  B.  Kuggles,* 
W.  W.  Baldwin,* 
John  Farrar,* 
J.  B.  Peck, 
J.  F.  Alexander, 
John  W.  Thompson, 


1855    (c). 
Mayor — Allison   Nelson* — John    (ilen.* 

COUNCILMEN. 

John  Glen,*  W.  W.  Baldwin,* 

John  Farrar,*  John  W.  Thompson, 

C.  H.  Strong,*  W.  Barnes,* 


U.  L.  Wright,* 
C.  Powell,* 
Robert  M.  Chirke,* 


Thomas  Kile,* 
Thomas  M.  Derncll,* 
Tliomas  ('.  H.  Wilson. 


(a)  Mims  resigned  October  29,  1853,  and  Markliam  sworn  in  November  14,  ISoU.  .1.  Nor- 
eross  resigned  July   4,   1853.     Whitaker  sworn   in  .July  16,   185S. 

(b)  J.  S.  Oliver  resigned  March  31,  1854.  J.  F.  Ale.vandcr  sworn  in  April  18.  1854. 
Paschal  House  resigned  April  21,  1854.  John  W.  Thompson  sworn  in  May  (>,  1854.  W.  W. 
Baldwin   resigned   .Tuly  22,   18,54.     Kli   J.    Hulsey   sworn   in    .\ugust   14,    1854. 

(c)  Allison  Nelson  resigned  July  (>,  1855.  .lolm  Olenn  sworn  in  July  '2(),  1S.55.  .lohn  Clen 
resigned  as  councilman  July  20,  1S55.  T.  ('.  II.  Wilson  sworn  in  Avit-iist  3,  isr.5.  John  Farnir 
resigned  February  23,   1855.     Robert    M.    ClarUe   sworn    in    \hiicli    in,   1S55. 


Mayors  and  Members  of  Council. 


557 


L.  H.  Davis,* 
C.  H.  Strong,* 
T.  L.  Thomas,* 
C.  E.  H4iilciter,* 
Thomas  Kile,* 
Green  B.  Haygood, 


185G    (d). 
Mayor — William  Kzzard.* 

COUXCILMEN. 

J.  F.  Albert,* 
Ezra  x^ndrews, 
James  L.  Terry," 
L.  J.  Parr,* 
A.  B.  Forsyth,* 
John  B.  Peck. 


1857. 
Mayor — William  Ezzard.* 

COUNCILMEN. 


W.  W.  Sharp,* 
L.  C.  Simpson,* 
J.  B.  Peek, 
W.  T.  Farnsworth,* 
James  F.  Alexander, 


W.  C.  Lawshe,* 
H.  C.  Holcombe,^ 
John  Glen,* 
John  Farrar,* 
I.  0.  McDaniel.* 


1858   (a). 
Mayor — Luther  J.    Glenn.* 

COUNCILMEN. 


John  Collier,* 
William  Kushton,* 
James  E.  Williams, 
John  H.  Mecaslin, 
Hayden  Coe,* 
William  T.  Wilson.* 


F.  H.  Coleman,* 
Thomas  F.  Lowe,* 
J.  M.  Blaekwell, 
George  S.  Alexander, 
J.  A.  Hayden,* 

1859. 
Mayor — Luther  J.  Glenn.* 

COUXCILMEX. 


Thomas  Haney, 
William  Watkins,* 
J.  M.  Blaekwell, 
Alexander  ]\[.  Wallace, 
B.  :\r.  Smith, 


Thomas  G.  Healey,* 
James  L.  Dunning,* 
C.  F.  Wood,* 
T.  E.  Eipley,* 
C.  IT.  Wallace.* 


(d)    T.    L.    Thomas   resigned   .June   27,    1850.     Green    B.    Haygood    sworn    in    July    18,    lSr)6 
C.    R.   Hanleiter   resigned  November  21,  1856.     .John  B.   Peck  sworn  in   December  5,   1856. 


(a)  George  S.  .Alexander  resig:ned  June  4,   1858.     William  T.   Wilson  sworn   in  .July,    18.58. 


558 


Mayors  and  Members  of  Council. 


H.  H.  Glenn,* 
P.  E.  McDaniel,* 
J.  E.  D.  Osborne,* 
S.  B.  Sherwood,* 
Isaac  Winship,* 
James  E.  Crew  * 


1860   (b). 
Mayor — William  Ezzard.* 

COUNCILMEN. 

J.  B.  Norman,* 
James  Clarke,* 
M.  T.  Castleberry,^ 
John  E.  Wallace,* 
James  F.  Lewis,* 
N.  L.  Angier.* 


1861    (c). 
Mayor — Jared  I.  Whittaker* — Thomas  F.  Lowe.* 

COUNCILMEN. 


Felix  Hardeman,* 
W^illiam  Watkins,* 
S.  B.  Love, 
S.  B.  Eobson,* 
Thomas  Kile,* 
James  G.  Kelley,* 


F.  C.  House,* 
James  E.  Crew,* 
Eobert  Crawford,* 
J.  H.  Mecaslin, 
James  Lynch,* 
S.  B.  Oatman. 


Isaac  E.  Bartlett,* 
James  E.  Crew,* 
John  F.  Farrar,* 
Wm.  Barnes,* 
C.  W.  Hunnicntt, 
E.  E.  Sasseen,* 
James  Noble,  Jr. 


1863   (d). 
Mayor — James  M.  Calhoun.* 

COUNCILMEN. 

S.  B.  Oatman, 
James  E.  Williams, 
James  G.  Kelley,* 
Wm.  B.  Cox,* 
John  H.  Flynn,* 
F.  D.  Thurmond.* 


(b)  James  Clarke  resigned  July  6,  ISOO.  James  H.  Crew  swurn  in  July  27,  1860.  James  F. 
Lewis  resigned  September  6,  1860.     N.  L.   Angier  sworn  in  September  28,   1860. 

(c)  Jared  L  Whitaker  resigned  November  25,  1861.  Thomas  F.  Lowe  sworn  in  December 
13,  1861.  S.  B.  Love  resigned  July  6,  1861.  James  G.  Kelley  sworn  in  August  3,  1861.  F.  C. 
House  resigned  October  25,   1861.     S.   B.   Oatman  sworn  in  December  13,   1861. 

(d)  E.  R.  Sasseen  sworn  in  -June  20,  1862.  W.  B.  Cox  resigned  May  30,  1862.  F.  1). 
Thurmond  sworn  in  April  11,  1862.  John  Farrar  resigned  March  7,  1862.  James  Noble,  Jr., 
sworn   in   September  12,    1862.     William   Barnes   resigned    August   22,   1802. 


( 


Mayors  and  Members  of  Council. 


559 


1863   (a). 
Mayor — James  M.  Calhoun. 


IsaJc  E.  Bartlett,* 
James  G.  Kelley,* 
C.  W.  Hunnicutt, 
L.  C.  Wells,* 
E.  E.  Eawsou,* 
James  i^oble,  Jr., 
James  E.  Gullatt  * 


COUNCILMEX. 

Jame 

s  E.  William. 

E. 

E. 

Sasseen,* 

A. 

C. 

Wyly^* 

S. 

B. 

Oatman, 

F. 

D. 

Thurmond,* 

Perino  Brown, 

Z. 

A. 

Rice.* 

L.  C.  Wells,* 
Eobert  Crawford,* 
Perino  Brown, 
J.  A.  Taylor,* 
John  T.  Jones, 
:N'.  E.  Fowler. 


1864    (b). 
Mayor — James  M.  Calhoun.* 

COUNCILMEX. 

E.  E.  Eawson,* 
Z.  A.  Eiee,* 

Thomas  S.  Powell,'' 
William  Watkins,* 
James  E.  Gullatt,* 


John  Collier,* 
T.  E.  Eipley,* 
J.  X.  >Simmons,* 
B.  X.  Williford,* 
G.  W.  Terry, 
E.  E.  Sasseen.* 


1865   (c). 
Mayor — James  M.  Calhoun.* 

COUNCILMEX. 

Lewis  L.  Salmons,* 

L.  S.  Mead,* 

Z.  A.  Eiee,* 

F.  M.  Eichardson,* 

T.  W.  J.  Hill,* 


(a)  C.  W.  Hunnicutt  resigned  April  17,  1863.  A.  C.  Wyly  sworn  in  May  8,  1863.  -James 
ISToble,  Jr.,  resigned  May  29,  1863.  James  E.  Gullatt  sworn  in  June  19,  1863.  Isaac  E.  Bart- 
lett resig-ned  June  26,  1863.  L.  C.  Wells  sworn  in  July  10,  1863.  A.  C.  Wyly  resigned  August 
21,  1863.  Z.  A.  Rice  sworn  in  September  11,  1863.  E.  R.  Sasseen  resigned  as  member  from 
the  Fourth  ward  August  21,  1863.  E.  R.  Sasseen  sworn  in  as  a  member  from  the  Fifth  ward 
Septemlier    11.    1863. 

(b)  J.    A.   Taylor   resigned   March  4,.  1S64.     Thomas  S.    Powell  sworn   in   March   18,    1864. 

(c)  T.  \V.  J.  Hill  declined  to  be  sworn  in  as  co\mcilman.  Z.  A.  Rice  sworn  in  March 
5.  1S65. 


560 


Mayors  and  Members  of  Council. 


A.  P.  Bell,* 
Robert  Crawford,* 
Anthony  Murphy, 
D.  P.  Ferguson, 
James  G.  Kelley,* 

B.  D.  Smith,* 


M.  T.  Castleberry,* 
W.  C.  Anderson,* 
A.  P.  Bell,* 
J.  A.  Hayden,* 
A.  W.  Mitchell,* 
W.  B.  Cox,* 
E.  E.  Eawson  * 


186G  (d). 
Mayor — James  E.  Williams. 

COUXCILMEX. 

P.  E.  McDauiel,* 
W.  T.  Mead,* 
Robert  M.  Farrar, 
F.  M.  Richardson,* 
J.  H.  Porter,* 
A.  W.  Mitchell.* 

1867   (a). 
Mayor — James  E.  Williams. 

COUNCILMEX. 

F.  M.  Richardson,* 
J.  E.  Gullatt,* 
Richard  Peters,* 

D.  P.  Ferguson, 

G.  W.  Terry, 
Anthony  Murphy, 

E.  W.  Holland.*^ 


1868. 

No  election  was  held,  and  the  Mayor  and  Council  of  1867  held  over 
during  this  year  by  order  of  the  military  commander. 


J.  P.  Mayes,* 
V.  P.  Sisson, 
S.  R.  McCamy,* 
D.  C.  0'Keefe,=^ 
M.  Mahonev, 


1869. 
Mayor — William  H.  Hulsey. 

COUXCILMEN^. 

E.  J.  Roach,* 
E.  P.  Howell, 
W.  H.  Brotherton, 
W.  C.  Anderson,* 
E.  R.  Carr.* 


(d)  James  U.  Porter  resifjned  May  18,  IS'iC  Hdl.cit  M.  Kariar  swoni  in  May  18,  ISOfi. 
]'.   K.   MoDanioI   resigned   June  22,   1866.     A.    W.    Mitcliell   sworn   in   June  22,    1866. 

(a)  D.  P.  Ferguson  resigned  February  15,  1867.  Richard  Petei-s  sworn  in  February  22 
1867.  F.  if.  Richardson  resigned  February  1.5,  1867.  E.  E.  Rawson  sworn  in  February  22 
1S67.  W.  B.  Cox  resigned  February  15,  1867— re-electe9  and  sworn  in  February  22,  1867 
Anthony  Murphy  resigned  February  15,  1867.  J.  X.  Hayden  sworn  in  February  22,  1867, 
A.  P.  Rtll  resigned  April  19,  1867.     E.  W.   Holland  appointed  by  General   Pope  April  26,   18C7, 


Mayors  and  Members  of  Council. 


561 


1870. 
Mayor — William  Ezzard. 

COUNCILMEN. 


M.  T.  Castleberry,* 
James  G.  Kelley,* 
A.  Murphy, 
Volney  Dunning, 
M.  Mahonev, 


J.  H.  Callaway,* 
E.  P.  Howell,' 
D.  C.  O'Keefe,* 
W.  C.  Anderson,* 
A.  L.  Fowler.* 


C.  W.  Wells, 
S.  W.  Grubb,* 
Frank  P.  Eice, 
R.  J.  Lowry, 
Wm.  Finch, 


1871. 
Mayor — D.  F.  Hammond.* 

COUNCILMEN. 

N.  A.  McLendon, 
D.  D.  Snyder, 
C.  P.  Cassin,* 
George  Graham,* 
A.  L.  Fowler.* 


1872. 
Mayor — John  H.  James. 


COUNCILMEN. 

C.  W.  Wells, 

C.  C.  Hammock,* 

L.  P.  Grant,* 

H.  L.  Wilson, 

A.  Leyden,* 

J.  P.  Mayes,* 

R.  M.  Farrar, 

M.  T.  Castleberry,* 

E.  J.  Roach,* 

T.  A.  Morris, 

T.  W.  J.  Hill,* 

A.  L.  Fowler,* 

W.  L.  Morris,* 

R.  C.  Mitchell. 

1873. 


Mayor — C.  C.  Hammock.* 


W.  H.  Brothcrton, 
D.  A.  Beatie,* 
Frank  P.  Rice, 
J.  C.  McMillan,* 
]N[.  A.  McLendon, 
John  W.  Sparks,* 
D.  A.  McDuffie,* 
(36) 


COUNCILMEN. 


G.  T-.  Dodd, 
John  H.  Mecaslin, 
John  M.  Boring,* 
John  F.  Morris.* 
R.  C.  Young, 
J.  H.  Goldsmitli. 
J.  N.  Langston. 


562  Mayors  and  Members  of  Councii* 

1874. 
Mayor — S.  B.  Spencer. 

COUNCILMEN. 

A.  Haas,  John  Keely,* 

E.  C.  Young,  John  H.  Flynn,* 

J.  H.  Goldsmith,  A.  L.  Fowler,* 

J.  C.  McMiUan,*  John  B.  Goodwin, 

W.  D.  Ellis,  James  G.  Kelley,* 

J.  C.  Watkins,  M.  T.  Simmons,* 

D.  A.  McDuffie,*  J.  N.  Langston. 

1875. 

Mayor — C.  C.  Hammock.* 

Mayor  Pro  Tem. — Aaron  Haas. 

Aldermen. 

A.  J.  West,  E.  F.  Maddox,*  Aaron  Haas. 

Councilmen. 

AVard  1 — John  B.  Goodwin,  John  D.  Turner. 

Ward  2— J.  W.  Goldsmith,  W.  D.  Ellis. 

Ward  3— D.  A.  Beatie,*  T.  A.  Morris. 

Ward  4— J.  H.  Flynn,*  J.  S.  Garmany.* 

Ward  5— J.  A.  Eichardson,  Frank  P.  Eice  (a),  A.  N.  Hunt. 

1876. 

Mayor — C.    C.    Hammock.* 

Mayor  Pro  Tem.— E.  F.  Maddox.* 

Aldermen. 

E.  F.  Maddox,*  0.  H.  Jones,*  A.  J.  West  (b). 

J.  C.  McMillan.* 

Councilmen. 

Ward  1 — John  B.  Goodwin,  George  H.  Gramling.* 

Ward  2— J.  W.  Goldsmith,  E.  P.  Chamberlain.* 

Ward  3— D.  A.  Beatie,*  William  Gray.* 

Ward  4— J.  H.  Flynn,*  S.  Hape. 

Ward  5 — J.  A.  Eichardson,  S.  T.  Biggers. 


(a)  F.  P.  Rice  resigned  March  1,  1875,  and  A.  N.  Hunt  elected  to  fill  the  vacancy,  and 
was   sworn    in    March   15,    1875. 

(b)  A.  J.  West,  who  had  been  elected  to  serve  during  the  j'ears  1875,  1876  and  1877, 
resigned  August  21,  1876,  and  J.  C.  McMillan  was  elected  September  2,  1876,  to  fill  the 
vacancy,  and  was  sworn   in  September  4,    1876. 


^  Mayors  and  Members  of  Council.  563 

1877. 

Mayor — N.  L.  Angier.* 

Mayor  Pro  Tem.— J.  C.  McMillan.* 

Aldermen. 

J.  C.  McMillan,*  0.  H.  Jones,*  M.  T.  Castlebcrry.* 

COUNCILMEN. 

Ward  1— Geo.  H.  Gramling,*  M.  E.  Maher.* 
Ward  2— E.  P.  Chamberlain,*  G.  J.  Dallas. 
Ward  3— Wm.  Gray,*  J.  M.  Buice.* 
Ward  4— C.  K.  Maddox,  S.  Hape. 

El 

1878. 

Mayor — N.  L.  Angier.* 

Mayor  Pro  Tem. — 0.  H.  Jones.* 

Aldermen. 

O.  H.  Jones,*  M.  T.  Castleberry,*  R.  C.  Mitchell. 

COUNCILMEN. 

Ward  1— M.  E.  Maher,*  J.  M.  Boring.* 
Ward  2— G.  J.  Dallas,  E.  A.  Werner.* 
Ward  3— J.  M.  Buice,*  W.  E.  Hanye. 
Ward  4— J.  H.  Flynn,*  C.  K.  Maddox. 
Ward  5— B.  B.  Crew,  Jas.  W.  English. 

1879. 

Mayor — W.  L.  Calhoun. 

Mayor  Pro  Tem.— M.  T.  Castleberry.* 

Aldermen. 

M.  T.  Castleberry,*  R.  C.  Mitchell,  John  B.  Goodwin. 

COUNCILMEN. 

Ward  1— J.  M.  Boring,*  E.  A.  Baldwin. 
Ward  2— E.  A.  Werner,*  W.  D.  Ellis. 
Ward  3— W.  E.  Hanye,  J.  K.  Thrower. 
Ward  4— J.  H.  Flynn,*  W.  H.  Patterson. 
Ward  5— B.  B.  Crew,  A.  P.  Stewart. 


564  Mayors  and  Me:mbers  of  Council. 

1880. 

Mayor — W.  L.  Calhoun. 

Mayor  Pro  Tem.— K.  C.  Mitchell. 

Aldermen. 

R.  C.  Mitchell,  John  B.  Goodwin,  Chas.  Beerman.* 

COUNCILMEN. 

Ward  1— J.  J.  Barnes,  E.  A.  Baldwin. 
Ward  2— W.  D.  Ellis,  John  Berkele. 
Ward  3— J.  K.  Thrower,  T.  J.  Buchanan. 
Ward  4— W.  H.  Patterson,  T.  J.  Boyd. 
Ward  5— A.  P.  Stewart,  L.  C.  Jones.* 

1881. 

Mayor — Jas.  W.   English. 

Mayor  Pro  Tem. — John  B.  Goodwin. 

Aldermen. 

John  B.  Goodwin,  Chas.  Beerman,*  R.  J.  Lowry. 

Councilmen. 

Ward  1 — J.  J.  Barnes,  A.  J.  Pinson.* 
Ward  2— R.  H.  Knapp,  John  Berkele. 
Ward  3— D.  A.  Beatie,*  T.  J.  Buchanan. 
Ward  4— Jack  W.  Johnson,  T.  J.  Boyd. 
Ward  5— W.  D.  Payne,  L.  C.  Jones.* 

1882. 

Mayor — Jas.  W.  English. 

.Mayor  Pro  Tem. — Charles  Beerman.* 

Aldermen. 

Chas.  Beerman,*  R.  J.  Lowry,  Thos.  G.  Healey.* 

Councilmen  (a). 

Ward  1— W.  D.  Mitchell,*  W.  H.  Brotherton,  A.  J.  Pinson.* 
Ward  2— Frank  T.  Ryan,  R.  H.  Knapp. 
Ward  3— Z.  W.  Adamson,  D.  A.  Beatie.* 
AVard  4— W.  K.  Howell,*  Jack  W.  Johnson. 
Ward  r,— W.  C.  Reynolds,  W.  D.  Payne. 


(a)    W.    D.    Mitchell    died    April   20,    1882,    and   W.    H.    Brotherton   was,    on    May    11.    1882. 
elected  to  fill  the  vacancy,  and  was  sworn   in   May  15,   1882. 


Mayors  and  Members  of  Council.  565 

1883. 

Mayor — John  B.  Goodwin. 

Mayor  Pro  Tem. — R.  J.  Lowry. 

Aldermen. 

R.  J.  Lowry,  T.  G.  Healey,*  J.  H.  Mecasliu. 

Councilmen. 

Ward  1— W.  H.  Brotherton,  J.  A.  Gray. 
Ward  2— F.  T.  Ryan,  Vol.  Dunning. 
Ward  3— Z.  W.  Adamson,  S.  W.  Day. 
Ward  4— W.  H.  Howell,*  B.  F.  Longley. 
Ward  5 — W.  C.  Reynolds,  E.  Haiman. 

1884. 

Mayor — John  B.  Goodwin. 

Mayor  Pro  Tem.— T.  G.  Healey.* 

Aldermen. 

T.  G.  Healey,*  J.  H.  Mecaslin,  H.  C.  Stoekdell. 

Councilmen. 

Ward  1— J.  A.  Gray,  J.  M.  McAfee. 
Ward  2 — Vol.  Dunning,  Max  Kutz. 
Ward  3— S.  W.  Day,  C.  W.  Mangum. 
Ward  4 — B.  F.  Longley,  W.  M.  Mickelberry. 
Ward  5— E.  Haiman,  E.  Van  Winkle. 
Ward  6~M.  Mahoney,  J.  T.  Cooper. 

1885. 

Mayor — George  Hillyer. 

Mayor  Pro  Tem. — J.  H.  Mecaslin. 

Aldermen. 

J.  H.  Mecaslin,  H.  C.  Stoekdell.  John  R.  Gramling.* 

J.  T.  Cooper,  H.  G.  Hutchison. 

Councilmen. 

Ward  1— J.  M.  McAfee,  W.  M.  Middlebrooks. 
Ward  2— Max  Kutz,  W.  J.  Garrett.* 
Ward  3— C.  W.  Mangum,  D.  A.  Beatie,* 
Ward  4— W.  M.  Mickelberry,  E.  F.  May.* 
Ward  5— E.  Van  Winkle,  Z.  A.  Rice.* 
Ward  6— M.  Mahoney,  J.  C.  Kirkpatrick. 


566  Mayors  and  Members  of  Couxcil. 

1886. 

Mayor — George  Hillyer. 

Mayor  Pro  Tem. — H.  G.  Hutchison. 

Aldermen. 

H.  C.  Stockdell,  John  E.  Gramling,*  J.   T.  Cooper, 

H.  G.  Hutchison,  Chas.  A.  Collier. 

Councilmen. 
Ward  1 — W.  M.  Middlebrooks,  Wm.  Kinyon.* 
Ward  2—W.  J.  Garrett,*  I.  S.  Mitchell. 
Ward  3— D.  A.  Beatie,*  E.  A.  Angler. 
Ward  4— E.  P.  May,*  A.  L.  Greene.* 
Ward  5— Z.  A.  Rice,*  Jas.  Bell. 
Ward  6— J.  C.  Kirkpatrick,  G.  G.  Roy. 

1887. 

Mayor — John  Tyler  Cooper. 

Mayor  Pro  Tem. — Chas.  A.  Collier. 

Aldermen. 

Jno.  R.  Gramling,*  J.  H.  Mecaslin,  Chas.  A.  Collier. 

W.  A.  Hemphill,  R.  T.  Dorsey. 

Councilmen. 

Ward  1 — Wm.  Kinyon,*  G.  H.  Tanner. 
Ward  2—1.  S.  Mitchell,  H.  A.  Boynton. 
Ward  3— E.  A.  Angier,  E.  T.  Allen.* 
Ward  4 — A.  L.  Greene,*  L.  B.  Nelson. 
Ward  5— Jas.  Bell,  H.  M.  Beutell. 
Ward  6— G.  G.  Roy,  Frank  P.  Rice. 

1888. 
Mayor — John  Tyler  Cooper. 
Mayor  Pro  Tem. — Chas.  A.  Collier. 
Aldermen. 
Chas.  A.  Collier,  W.  A.  Hemphill,  J.  H.  Mecaslin, 

Albert  Howell,  Jacob  Haas. 

Councilmen. 
Ward  1— G.  H.  Tanner,  Jas.  M.  Stephens. 
Ward  2— H.  A.  Boynton,  P.  J.  Moran. 
Ward  3— E.  T.  Allen,*  J.  G.  Woodward. 
Ward  4 — L.  B.  Nelson,  S.  A.  Morris. 
Ward  5— H.  M.  Beutell,  A.  P.  Thompson. 
Ward  6 — Frank  P.  Rice,  M.  F.  Amorous. 


Mayors  and  Members  of  Council.  567 

1889. 

Mayor — John  T.  Glenn."' 

Mayor  Pro  Tem. — W.  A.  Hemphill  (a). 

Aldermen. 

W.  M.  Middlebrooks,  Jacob  Haas,  Albert  Howell,  J.    H.    Mecaslin, 

W.  A.  Hemphill,  H.  G.  Hutchison. 

COUNCILMEN. 

Ward  1 — Jas.  M.  Stephens,  Joseph  Hirsch. 

Ward  2 — P.  J.  Moran,  J.  J.  Meador. 

Ward  3— J.  G.  Woodward,  A.  S.  Bobbins.* 

Ward  4 — S.  A.  Morris,  J.  S.  McLendon. 

Ward  5 — A.  P.  Thompson,  A.  L.  Kontz. 

Ward  6 — M.  F.  Amorous,  H.  T.  Inman. 

•    1890. 
Mayor — John  T.  Glenn.* 
Mayor  Pro  Tem. — H.  G.  Hutchison. 
Aldermen. 
Jacob  Haas,  H.  G.  Hutchison,  A.  M.  Keinhardt,  Albert  Howell,  W. 
M.  Middlebrooks,  Jas.  G.  Woodward. 
Councilmen. 
Ward  1 —  Joseph  Hirsch,  Jesse  P.  Kinyon.* 
Ward  2— J.  J.  Meador,  A.  J.  McBride. 
Ward  3— A.  S.  Eobbins,*  Wm.  H.  Hulsey. 
Ward  4 — J.  S.  McLendon,  J.  C.  Hendrix. 
Ward  5 — A.  L.  Kontz,  Joseph  Lambert. 
Ward  6 — H.  T.  Inman,  Porter  King. 

1891. 
Mayor — W.  A.  Hemphill. 
Mayor  Pro  Tem. — W.  M.  Middlebrooks. 
Aldermen. 
H.  G.  Hutchison,  A.  M.  Eeinhardt,  Frank  P.  Rice,  W.    M.    Middle- 
brooks, Jas.  G.  Woodward,  A.  J.  Shropshire. 
Councilmen. 
Ward  1 — Jesse  P.  Kinyon,*  Joshua  Tye. 
Ward  2— A.  J.  McBride,  H.  C.  Sawteli. 
Ward  3 — Wm.  H.  Hulsey,  Arnold  Broyles. 
Ward  4— J.  C.  Hendrix,  C.  E.  Murphy. 
Ward  5 — Joseph  Lambert,  J.  D.  Turner. 
Ward  6 — Porter  King,  A.  L.  Holbrook. 

(a)  By  Act  of  General  Assembly  of  Georgia,  approved  September  4,  1889,  the  Mayor  pro 
tem.  is  made  the  presiding  officer  over  General  Council  and  Board  of  Aldermen,  except  when 
elections  are  held  and  at  first  meeting  in  January  of  each  year. 


568  Mayors  and  Members  of  Council. 

1892. 

Mayor — W.  A.  Hemphill. 

Mayor  Pro  Tem. — A.  M.  Reinhardt. 

Aldermen. 

A.  M.  Eeinbardt,  J.  G.  Woodward,  Frank  P.  Eice,  A.  J.  Sliropsliire, 

W.  W.  Boyd,  J.  M.  Stephens. 

COUNCILMEN. 

Ward  1 — Joshua  Tye,  0.  Reneau.* 
Ward  2— H.  C.  Sawtell,  Jno.  A.  Colvin. 
Ward  3 — Arnold  Broyles,  J.  F.  McWaters. 
Ward  4— C.  E.  Murphy,  Wm.  P.  Hill. 
Ward  5— J.  D.  Turner,  C.  S.  Northen. 
Ward  6— A.  L.  Holbrook,  T.  D.  Meador. 

1893. 

Mayor — John  B.  Goodwin. 

Mayor  Pro  Tem. — A.  J.  Shropshire. 

Aldermen. 

A.  J.  Shropshire,  Frank  P.  Rice,  W.  W.  Boyd,  J.  M.  Stephens,  Arnold 

Broyles,  Phil.  H.  Harralson. 

COUNCILMEN. 

Ward  1 — 0.  Reneau,*  Jos.  HirscL. 

Ward  2— John  A.  Colvin,  H.  C.  Stockdell. 

Ward  3— J.  F.  McWaters,  D.  A.  Beatie.* 

Ward  4— Wm.  P.  Hill,  W.  E.  Dimmock. 

Ward  5— C.  S.  Northen,  Zach.  Martin. 

Ward  6— T.  D.  Meador,  Edward  C.  Peters. 

1894. 

Mayor — John  B.  Goodwin. 

Mayor  Pro  Tem. — Arnold  Broyles. 

Aldermen. 

W.  W.  Boyd,  J.  M.  Stephens,  Arnold   Broyles,   PhiL    H.    Harralson, 

Albert  Howell,  John  A.  Colvin. 

Councilmen. 

Ward  1 — Jos.  Hirsch,  M.  P.  Camp. 

Ward  2— H.  C.  Stockdell,  M.  M.  Welch. 

Ward  3— D.  A.  Beatie,*  R.  P.  Dodge. 

Ward  4— W.  R.  Dimmock,  W.  J.  Campbell. 

Ward  5— Zach.  Martin,  J.  H.  Welch. 

Ward  6— Edward  C.  Peters,  C.  E.  Harman. 

Ward  7— John  W.  Nelms. 


Mayors  and  Members  of  Council.  569 

1895. 

Mayor — Porter  King. 

Mayor  Pro  Tem. — Arnold  Broyles. 

Aldermen. 

Arnold  Broyles,  Phil.  H.  Harralson,  Albert  Howell,  John  A.  Colvin. 
Joseph  Hirsch,  M.  L.  Tolbert. 

COUNCILMEN. 

Ward  1— M.  P.  Camp,  T.  C.  Mayson. 
Ward  2— M.  M.  Welch,  T.  J.  Day. 
Ward  3— R.  P.  Dodge,  W.  S.  Bell* 
Ward  4— W.  J.  Campbell,  J.  A.  Miller. 
Ward  5— J.  H.  Welch,  Geo.  H.  Sims. 
Ward  6— C.  E.  Harman,  H.  T.  Inman. 
Ward  7— J.  W.  Nelms. 

1896. 

Mayor — Porter  King. 

Mayor  Pro  Tem. — Joseph  Hirsch. 

Provisional  Mayor  Pro  Tem.— W.  R.  Dimmock. 

Aldermen. 

John  A.  Colvin,    Joseph    Hirsch,    Albert    Howell,  M.    L.    Tolbert, 
J.  G.  Woodward,  W.  R.  Dimmock. 

COUNCILMEN. 

Ward  1— T.  C.  Mayson,  L.  P.  Thomas. 

Ward  2— T.  J.  Day,  J.  E.  Maddox. 

Ward  3— W.  S.  Bell,*  W.  E.  Adamson. 

Ward  4— J.  A.  Miller,  S.  A.  Morris. 

Ward  5— Geo.  H.  Sims,  A.  P.  Thompson. 

Ward  6— H.  T.  Inman,  J.  A.  Hutchison. 

Ward  7 — H.  L.  Culberson. 

1897. 

Mayor — Chas.  A.  Collier. 

Mayor  Pro  Tem. — W.  R.  Dimmock. 

Aldermen. 

Jos.  Hirsch,  M.  L.  Tolbert,  W.  R.  Dimmock,  J.  G.  Woodward,  F.  P. . 
Rice,  I.  S.  Mitchell. 


570  Mayors  and  Members  of  Council. 

councilmen. 

Ward  1— J.  J.  Barnes  (a),  M.  P.  Camp. 
Ward  2— J.  E.  Maddox,  E.  T.  Dorsey. 
Ward  3 — W.  E.  Adamson,  E.  S.  Lumpkin. 
Ward  4— S.  A.  Morris,  G.  P.  Howard. 
Ward  5— A.  P.  Thompson,  L.  P.  Stephens. 
Ward  6— J.  A.  Hutchison,  E.  C.  Peters. 
Ward  7— H.  L.  Culberson. 

1898. 

Mayor — Chas.  A.  Collier. 

Mayor  Pro  Tem. — W.  E.  Dimmock. 

Aldermen. 

W.  E.  Dimmock,  J.  G.  Woodward,  F.  P.  Eice,  I.  S.  Mitchell,  J.  D. 
Turner,  James  L.  Mayson. 

COUNCILMEN. 

Ward  1— M.  P.  Camp,  M.  T.  LaHatte. 

Ward  2— E.  T.  Dorsey,  G.  B.  Adair. 

Ward  3— E.  S.  Lumpkin,  E.  P.  Burns. 

Ward  4— G.  P.  Howard,  W.  S.  Thomson. 

Ward  5— L.  P.  Stephens,  D.  N.  McCullough. 

Ward  6— E.  C.  Peters,  T.  A.  Hammond,  Jr. 

Ward  7— J.  S.  Dozier. 

1899. 

Mayor — J.  G.  Woodward. 

Mayor  Pro  Tem.— I.  S.  Mitchell. 

Aldermen. 

F.  P.  Eice,  I.  S.  Mitchell,  J.  D.  Turner  (b),  James  L.  Mayson,  S.  W. 
Day,  J.  W.  Kilpatrick. 

Councilmen. 

Ward  1— M.  T.  LaHatte,  J.  H.  Harwell. 
Ward  2— G.  B.  Adair,  J.  J.  Maddox. 
Ward  3— E.  P.  Burns,  J.  S.  Holland. 
Ward  4— W.  S.  Thomson,  J.  S.  Parks. 
Ward  5— D.  N.  McCullough,  A.  P.  Thompson. 
Ward  G— T.  A.  Hammond,  Jr.,  G.  G.  Eoy. 
Ward  7— J.  S.  Dozier,  J.  W.  Pope. 

(a)  J.    J.    Barnes   elected   December,    1896,    to    fill    the    unexpired   term   of    L.    P.    Thomas, 
resigned. 

(b)  J.   D.   Turner  resigned   as  alderman  on   September  4,   1899,   to  take  effect  October  1, 
1899.     Election  to  fill  vacancy  called  tor  first  Wednesday  in  December,   1899. 


INDEX 


INDEX. 


AFFRAYS. 

Persons  summoned  to  .suppress.  .  .  .1844 

ALABAMA  FLIPS. 

Use  of  on  streets  prohibited,  Pen- 
alty    1812,  1813 

ALABA^klA  STREET. 

Extension  of 131  et  seq. 

ALDERMEN. 

Rules  for  government  of p.  450 

Board  of,  number  and  liow  elected.. 30 

Power  vested  in    28 

FJx-officio  J.  P 51 

Ineligible    as    Couneilmen    29 

For  succeeding  term 30 

No  vote  on  certain  questions  when 

originally  presentea    31 

Salary  of , 30 

Not  individually  liable  if  vote  re- 
corded     72 

Oath  of  administered  by  Mayor 27 

Holding  office  under  U.  S.  disquali- 
fies     61(a) 

Becomes  ineligible  when 313 

ALLEYS.     (See  Streets  and). 

ANIMALS. 

Cruelty   to    1960 

Carrying  diseased  through  streets.. 783 

Keeping  calves  muzzled    1961 

Feeding  on  streets   1852 

Tight  reins  on  horses 1962 

Vicious,  running  at  large    1096 

Penalty   section    1963 

Dead— 

J3umping  into  streams  prohib- 
ited    320 

Carcasses  removed  beyond  lim- 
its    748,  809 

City  not  liable  for  removal  of,  810 
Contractor   for   removal   of   to 

give  bond   811 

Owners'  rights  as  to,  respected,  812 

Removal  of    813 

Report   of.   made   to   Sanitary 

Inspector    814 

Small   animals   sent  to  dump- 
ing ground    816 

Vehicles   for   removing    815 

APPEALS. 

Right  of    83,  292 

From    award    of    Assessors    not  to 

delay  work    293 

Tender   of   acceptance   not    to   pre- 
vent     294 


APPENDIX. 

Mayor  and  General  Council,    rules 
for  government  of    p.  447 

Aldermanic  Board  rules p.  450 

Board  of     Water     Commissioners, 
rules  for   p.  451 

Atlanta  Waterworks,  regulations,  p.  452 

Atlanta     &     Chattahoochee    River 
Railwav  Co.,  franchise  of p.  464 

Collins   Park  &    Belt    R.    R.     Co., 
franchise pp.  467,  468 

Ansley,  Edwin  P.,  grant  to p.  479 

Atlanta,   West   End   &   McPherson 
Barracks  Ry.  Co.,  grants  to...  p.  481 

Atlanta  Traction  Co.,  and  Atlanta 
City  St.  Ry.  Co.,  grants  to 

pp.  485,  492,  494 

A.  S.  Seals  et  al.,  petition  of... p.  490 

Atlanta     Telephone     Co.,     under- 
ground conduits    pp.  546,  551 

Atlanta    Standard    Telephone    Co., 
permission  to  lay  conduits, 

pp.  550,  552,  553 

Joel   Hurt   and  a.   A.   Glasier.   pe- 
tition of    p.  506 

Atlanta  Street  Railroad  Company, 

report  of  committee  on p.  508 

Petition  to  use  certain  streets, 

p.  509 

Gate  City  Street  R.   R.   Co.,   peti- 
tion,  etc p.  5 1 2 

Atlanta  Consolidated   St.   Ry.   Co., 
petition,  etc pp.  513  to  534 

Atlanta    Electric    Ry.     Co.,   grant 
to   p.  535 

Telephone  franchises    ...  p.   538  et  sr(i. 

APPROPRIATIONS. 

Annual,  not  to  be  exceeded 49S 

For  various  departments   76 

Heads  of  departments  to  file  state- 
ments for  apportionment.  .  .  .997,  998 
Fiscal  year,  when  and  how  made... 76 

Sanitary  purposes 247,  173 

For  expenses  for  six  months.. 228,  229 
Account  kept  by  Commissioner  of 
Public  Works    1040 

ASSESSMENTS. 

Executions  for,  power  to  issue  and 

collect    261 

May  be  transferred   150 

Le\'y  of,  illegality   150 

Fi.  fas.  for,  transferred    149,  262 

Lien  of,  rank   148,  150 

Optional  with  city  to  take  property 

at  assessed  value   128 

On  city  property   76 


574 


Index. 


Paving  streets   139  et  seq. 

Street  improvements,   how  collect- 
ed    150,  1039 

Petition  of  one-third  frontage 

necessary    1036 

Lien  on  property   1038 

To  be  by  ordinance   1037 

Collection  of,  defence 1039 

Sewers.     (See  Sewers). 
Sidewalks  and  Curbing.    (See  Side- 
walks)      139 

Water  pipe    125 

May  be  paid  in  installments   150 

Superior  Court  to  give  precedence 

in  city  cases   151 

For  sanitary  purposes 173 

ASSESSORS.      (See   Receivers  and  Assess- 
ors). 

Awards  of.     (See  Awards). 

Fifth,  how  and  when  appointed.  .  .  .129 

Of    property   for    construction      of 

sewers    40 

Of  condemned  property 284  et  seq. 

Freeholders  appointed  when .  .  .  126,  127 

May  subpoena  witnesses   300 

Of  property  condemned  for  water- 
works     83 

ATLANTA,  CITY  OF.    (See  West  End). 

Amendment  to  charter  of 226 

Provision  for  City  Hall  ..  .240(a) 

Piedmont   Park    240  ( 6 ) 

Authority  to  make  deed  to   U.   S. 

Custom  House  lot 245,  246 

Coat  of  arms  of   322 

Corporate  name  and  general  powers,  1 
Civic  flag,  ensign  and  pennant,  322,  323 

Expenses  restricted  to  income 73 

Incorporation,  Act  of  1874 29 

Limits,  police  purposes    18 

Legislative  department 28 

Inman  Park,  West  End,  Ponce  de 
Leon,  Grant  Park  and  Piedmont 

Park  extensions    2,   18 

Corporate   limits    2 

Debt  of  West  End  assumed  by 8 

Act  as  to  West  End   1  / 

Center  of  corporation  Union  Depot,   2 

Wards  of.     (See  vVards). 

Officers  of  not  hold  positions  under 

U.  S 61(a) 

Cross   references:      Mayor,    Mayor 
and  General  Council. 

ATHLETIC  GAMES. 

Regulated   1867 

Application  for  permits   1868 

Mayor  grants  permits,  when   1 869 

No  games  without  permits 1870 

Penalty  section   1871 

ATLANTA  &  CHATTAHOOCHEE  RIVER 
R.  R.  CO. 

Application   for     franchise.      (See 
Appendix). 


ASTROLOGERS   AND   FORTUNE    TELL- 
ERS    1872,  1873 

AUCTIONEERS.     ( See  Vendue  Masters ) . 

License  to  sell  jewelry   69 

Obstructing  sidewalks  1077 

Selling  live  stock  or  goods  on    the 

street   1093 

Sale  of  watches,  jewelry,  etc 69 

AUCTION  HOUSES. 

Must  report  to     Chief     of     Police 
daily   1610 

AUDITOR. 

Election,  salary,  duties,  etc 203 

AWARDS. 

Appeal  from,  right  of,  etc., 

83,   126,   130,  292 
City  may  take  possession  upon  pay- 
ment of 161 

Of   assessors   of   private   property, 

how  made 83,  271  et  seq. 

Wnen     and     where     entered     and 

filed 296 

Right  of   city   to  reject    or    adopt 

not  affected   ......" 130 

Filing  and  record  of   291 

AWNINGS.      (See  Buildings). 

BAIL. 

In  arrest,  how  taken 1759 

Appearance  of  parties 1842 

Failure  to  give   1760 

Judgment,  execution,  etc 1763 

Penal  bonds,  forfeiture  of 306 

Service  of  rule   1762 

Special,  forfeiture  of  1761 

Surrender  of  principal 1764 

Appearance  of  parties  1842 

BARBER  SHOPS. 

Must  close  on  Sabbath   1833 

BARROOMS.     ( See  Liquor  Trailic ) . 

Females  not  to  enter   1822.  1823 

Keeping  open  doors  after  hours. . .1814 

Minors  not  allowed  in   1563 

Must  close  on  certain  days 1547 

Loitering  in  not  allowed   1545 

Officers  admitted  on  demand   1551 

Screens,  blinds,  etc.,  prohibited.  ..  1542 

BETTING.      (See  Games  of  Chance). 

On  racing  of  any  kind  prohibited.  1888 

Penalty   section    1889 

Turf  exchanges  prohibited   1892 

BEGGARS. 

Regulation  for  relief  of   1518 

Habitual   soliciting  of   alms 1519 

Objects  of  charity   1520 

Penalty   section    1521 

BILLIARD  AND  POOL  ROOMS. 

Tables,  license 68 

Minors  not  to  phiy  in  without  con- 


Index. 


575 


sent  of  parents    1824,   1825 

Opening  and  closing  hours  .  .  182(5,  1S27 

BILL  POSTERS. 

Boards  for,   permit  necessary 1882 

Pictures  of  indecent  character  not 

posted    1880 

Posting  bills     witliout     consent  of 

owner    1879 

Registration  tax  to  be  paid 1878 

Boards,  permit  from  Building  In- 
spector   1884  et  seq. 

Penalty  sections    1881,   1883 

BIRTHS  AND  DEATHS. 

Births,  registration  of 833,  836 

Record  of,  by  whom  kept 836 

Must  be   reported    832 

Registry  of  physician   833 

Penalty  tor  failure   to  report,  834 
Blanks     kept     by     Board     of 

Health   .835 

Deaths,   registration   of 836 

Permits  for  burial,     how     is- 
sued    838,  840 

Certificate  of,  by  whom  given, 

837,  839 

Of   non-residents    839 

Failure   to   make   report,   pen- 
alty     841 

BICYCLES. 

Injuries    occasioned    by,    presump- 
tion against  rider    1200 

Riders  of  must  ring  gongs,  1197,   119S 
Must  not  use  police  whistle.  .  1073 
May  use  bells  for  warning.  .  .1074 
Riding  on  sidewalk,  prohibited.  ..  1196 
Speed  over  six  miles  per  hour,  un- 
lawful      1199 

Penalty    1075 

BIDS. 

For  public  works  must  be  accom- 
panied by  certified  check   1079 

How   opened    1078 

BILLS.      (See   Street     Improvement     Col- 
lector), 

To  be  made  in  duplicate 989 

Coupon  system  for  payment  of .  .  .  .991 

Ordinance   governing   issue   of 992 

When   made   by   City    Engineer, 

1011  et  seq. 
Made  by   Commissioner   of   Public 

Works    1032 

For  paving  may  be  transferred    to 

contractor    1180 

Paving,  by  whom  made  out  and  col- 
lected   1255  et  seq. 

Interest  on    1262 

Collection  of,  no  authority  to  post- 
pone    1263 

Manner  of  collecting  1266 

BIRDS. 

Mocking-birds  not  to  be  trapped,  1862 


BOARD  OF  COMMISSIONERS  OF  ROADS 
AND  REVENUES. 

Convicts,  work  of  controlled  by.  .  .  .168 

BOARD       OF       COMMISSIONERS        OF 

STREETS  AIND  SEWERS 153  et  seq. 

Abolished   162 

BOARD  OF  EDUCATION.  (See  Public 
Schools). 

Board  of  Lady  Visitors,  duties  and 

terms    951   et  seq. 

Chairman     Committee    on     Public 

Schools,   cx-officio   member   of....  181 

Cannot  bind  city  by  contracts 181 

Committees  may  perform  duties  of,  941 

Contagious  diseases  in  schools 779 

Organization  of 181 

Mayor   ex-officio   member   of,    181,    949 

Plan  of  instruction  adhered  to 940 

Powers   of    938 

Organization  of    181 

Statement  of  amount  necessary  to 

maintain,  made  to  Council    946 

President  of,  to  report  receipts     to 

Comptroller    950 

Public  Schools  controlled  by 937 

Reorganization  of 936 

Superintendent  of  and  teachers  in 

pviblic  schools  elected  by 181 

School  districts 938 

Taxation  and  appropriations,  946,  947 
Text-books  adopted  Dy,  not  changed 

in  five  years    939 

Treasurer   of,  election  and  duties,  942 

Disbursements,  how  made   944 

Money  kept  on  deposit,  when   945 

Oath  and  bond  of 942 

Report  at  close  of  term ." 948 

Vacancy,  how  filled   943 

BOARD  OF  ELECTRIC  CONTROL.  (See 
Electric  Wires  and  Liglits,  City  Elec- 
trician) . 

How  constituted 1268 

Duty  of    1269 

Superintendent  of  Electric  Affairs, 

employed  by    1270 

Duties  of   1271 

Office,  where  kept 1272 

Telephone     and     telegraph     poles, 

regulated  by    1100 

When  rejected  by  and  not  removed, 

penalty     HOI 

Poles,  wires,  connections,  controlled 

by    1273 

BOARD  OF  EXAMINING  PLUMBERS. 

Applicants,  how  examined,  certifi- 
cates    892 

Board  to  meet  and  organize 891 

How  constituted  889 

Oath  of  members   890 

Penalty    893 


576 


Index. 


BOARD    OF    FIREMASTERS.      (See    Fire 
Department). 

Constitution   of,   duties    615 

BOARD  OF  HEALTH.      (See  Sanitary  Af- 
fairs). 

Accounts,  how  proved   740 

Births  and  deaths,  see. 
Chairman  Committee  on     Sanitary 

Afiairs,  ex-officio  member  of 170 

Expenditures  of    739 

Nuisances  abated  on  report  of.  (See 

Nuisances)    167,  172,  764 

Organization,  election,  duties,  169,  737 

Powers  of    737.  738 

Sanitary    appropriation    expended 

by    247 

Report  of  expenditures   741 

Vaccination,  law  concerning,  769  et  seq. 

Physicians  chosen  by  173 

Vacancies  filled  by  Council    172 

Sanitary  Inspectors,  number  of.  741  (o) 

Chief  Inspector 742 

Salary  of   743 

Sales    and    inspection    reported    to 

Comptroller   744 

Quarantine,   establishment  of, 

772  et  seq. 
Authority  as   to     abandoned     cul- 
verts    1239,  1249 

BOARD     OF     PARK     COMMISSIONERS. 
(See  Parks). 
Board  of.  organization,  duties,  954,  904 
Grady     Monument     and     Erskine 
Fountain,  under  control  of   964 

BOARD    OF    POLICE    COMMISSIONERS. 

(See  Police  Department). 

Charges,  trials,  etc 1738  et  seq. 

Chief  of  Police,  elected  by 176 

Compensation  fixed  by  Council 176 

Election  and  term  of  office 174 

Number  of  force,  and  oath 177 

Oath  of  members  of  board.  .  .175,  1745 
Organization  of.  174,  1/6,  1578  et  seq. 
Meetings    of.    how    conducted, 

1583  et  seq. 
Police  force  governed  by   ....  176,  1578 

Rules  of  force  made  by    1582 

Removal  of  policemen  178 

Witnesses   before,    iiow    summoned, 

1786,  1787,  1788 
Railroad    employes     appointed     as 

policemen    by    1356 

Police  force,  how  governed    1581 

HOARD  OF  WATER  C0:\1MISSI0NERS. 

Rules  for  government  of p.  451 

Acts  of,  obligatory    81 

Assessors,  when  and  how  appointed,  83 
Contracts  for   over  $500   to  be  in 

writing    87 

Contracts    for     water    not    longer 

than  three  years    102 


Control  of  work  of  improving  and 

enlarging  Waterworks   123,  125 

Distribution  ot  water  supply,  regu- 
lated by   100 

Estimate  of  receipts  and  expendi- 
tures made  by   109,  692 

Expenses  must  be    confined    to    in- 
come     110 

Injury  to  pipes,  etc   103 

Engineer,  clerks,     etc.,     appointed 

by   114 

Election  and  terms  of   79,  689 

Mayor     and     General     Council  ex- 

offtcio  members  of   79,  689 

May    cut    ofl'    supply    of  water    in 

cases  of  emergency    721 

^Members    of    may    be    removed    for 

cause 113 

Oath  of  member.^    80 

Payment  for   water  supply  in    ad- 
vance. Wiien   101 

President     of     Board     chosen     an- 
nually     80 

Property  held  by,  exempt  irom  tax- 
ation    105 

Promissory  notes  for  work    106 

May  issue  water  bonds   88 

Rules    and    regulations    for    water 

supply,  made  by    107 

Salary  of   " 112 

Security  for  contracts  taken 87 

Streets',  use  of  by    86 

Water  bonds.      ( See  Bonds ) . 
Reservation  of  right  of  inspection,  720 
Moneys  collected,  how  disposed  of.  691 
Powers  of    82 

BONDS. 

Of  officers.      (See  Officers). 

Of  officers  of  city  493 

Appearance,   forfeiture   and   collec- 
tion  of    306 

City,  authority  to  use  .  .  .  .225,  402.  40:! 

Contracts,   for  performance  of 504 

(4iven    to    city.   Mayor   and   Coun- 

cilmen  cannot  be  surety  on 505 

Guardians  and  trustees  may  invest 

funds  in   240 

General   provision   for   retiring, 

235  et  seq. 
Georgia      Airline     R.   R.    subscrip- 
tion  392 

Funding  bonds,  form  of 403,  404 

Floating  debt  74.  395,  396 

Redemption 399  et  seq. 

Forms  of   471,  473 

Registration,  provision  for 238 

Registered,  issue  of   239 

Old  Capitol   Building,  purchase  of 

mortgage  on   .  .  .^ 234,  244 

State  Capitol,   purchase    393,   394 

Old     Capitol      ]?uilding.      redemp- 
tion    407,  408 

Water — 

Tax  and   interest S9 


Index. 


577 


Issue  of  bonds  for.  Act  1891 90 

Construction  of  new  works 92 

Authority    neretofore    granted 

preserved    91 

Pledge  of  good  faith    93 

Assent  of  people  necessary 94 

Dedication  of  proceeds  of 95 

Issue  of  bonds  for 96,  97,  98 

Sinking  fund  tax   99 

Management  of  sinking  fund  ..111 
To  enlarge  supply  of .  .  .  .418  et  sen. 
Election  to  determine  issue  of 

bonds  for   437,  442 

To  increase  supply  of 438 

Ordinance  approved   December 

19,  1890,  repealed 429 

Issue  of  bonds  for 428  ct  seq. 

Cancellation  of  32  bonds    428 

Interest  and  sinking  fund 447 

Registration  for  election 445 

Water  Roard  may  issue 88 

Bond  election 444,  452  ct  seq. 

Redemption  fund    108 

Debt  not  to  exceed  Vo^  of  val- 
ue ol  propertj',  not  to  ex- 
ceed Vo  of  1^   4.10 

riow  paid  451 

Election    for,    how    called    and 

held   440.  453 

When  issued    454 

Number  of  votes,  now  ascer- 
tained    455 

Collection  of,  how  enforced.  .  .  .450 

(Sale  of  portion  of  issue 457 

Issue  of,  election  for,  etc. 

458  et  .seq. 

Issue  and  sale  of 460  et  se(i. 

Interest  and  sinking  fund, 

464  et  seq. 
Funding,   provision  for   retiring, 

474  et  seq. 
Issue  of    .Marcli    16,      1866,     made 

legal    391 

Issue  to  pay  outstanding 397 

Issue  of 389,  390,  405,  406 

Issue  of 398 

Sinking  fund  commission.  .  .372  et  seq. 

City,   how  issued    72 

Sinking  fund,  provision  for,  226,  240(a) 
Treasurer's       name       lithographed 

on   411 

Previous  ordinances  re-enacted 433 


BOOTBLACKS. 

Business  of,  regulated 

BRIDGES. 


1195 


Alabama  street  extension  ...  131  et  seq. 

Over  railroad  tracks   39 

Department  of,  created   1000 

Jones  avenue,  rental   of p.   465 

Driving  over  faster  than  a  walk,   1070 

Police  to  report  condition  of 1601 

Broad  street,  street  railway  cross- 
ing     1330 

(37) 


Forsyth  street,  street  railway  cross- 
ing     1.333,   1334 

l.iiability  of  railroads,  concerning, 

1378  et  seq. 

l.,iability    of    stii-ct    railways    con- 
cerning    1378  et  seq. 


BUCKKT  SHOPS. 
Prohibited    .  . 


1887 


BUILDING  INSPECTOR.      (See  Buildings, 
Fire   Escapes,  Fire,   Permits). 

One   substituted  for   three    207 

Office,  term  of   207 

Tnree    freeholders    elected,    duties 

of 204  ct  seq.,  520,  521 

Fire  escapes,  report  by  588 

Houses   in  process   of  erection,   in- 
spected by    528 

Office  of  created,  salary    524 

Buildings  or  repairs,   permits  for.  .525 

Oath  and  bond    526 

Office  of,  where  kept    527 

Permits,  book  kept  for   613 

BUILDINCiS.      (See     Fire     Escapes,     Fire 
Limits,  Fire). 

Awnings    1085,   597,  668 

Bay  windows  on  sidewalks 566 

Business,  wails,  roofs    530 

Chimneys  and  stove  pipes   661 

Chimneys,  walls,  flues    546  et  seq. 

Cut  stone   facings    541 

Defacing   or   injuring    1829 

Description  of   610 

Definition    of    terms    and    regula- 
tions     534  et  seq. 

Elevators  in   601  et  seq. 

Electric    wires   entering,    how    pro- 
tected     1305 

Fire   escapes,   general    law, 

.301  et  seq.,  36,  588 

Floors   573 

Foundations  of,  walls,  masonry.  .  .  .549 
Frame  when  burned,  disposition  of,  531 

Furnaces,  ranges,  etc 606,  607 

Hollow  walls,  when  used    553 

Material,  brick,  partitions,  556  et  seq. 

Openings,  '"Exits  '    600 

Party  walls,  when  used 542,  555 

Persons     erecting,     permit     neces- 
sary   525,  609 

Protection  of  persons  working  on,  608 

Penalties    611,  612 

Public,  condemnation  for   161 

Piles  and  walls,  regulated,  550  et  seq. 
In  process  ot  erection  must  be  in- 
spected     528 

Repairing,  must  be  inspected 599 

Stories,  height  ot,  walls,  etc 532 

Streets,  use  of  for  regulated,  1207,  1066 
Walls,  thickness  of,  533,  539,  543,  et  seq. 

Vaults,    fireproof    593 

Hearths,  joists,  regulations,  574  et  seq. 
Fireproof,  shutters  for 587 


578 


Index. 


Unsafe,   inspector's   power,   577    et 

seq. 

Paupers,  where  buried,  929,  1522  et  seq. 

Unlawful  to  erect  without  permit, 

529 

Regulating  work   in 926 

Right  to  inspect    

598 

Sexton  to  grade  lot  and  line 928 

Endangering    surrounding    to    fire. 

Signs,  warning   920 

notice  by  Chief  of  Department. 

675 

Trees  and  shrubs 921 

Only    fireproof     permitted     within 

213 

CHARITY.      (See    Beggars,    Paupers). 

General  relief 1518  et  seq. 

Dangerous  walls  

Floors     under     stoves,     how     pro- 

CHARTER OF  ATLANTA.      (See    At- 

tected      594  e* 

seq. 
647 

lanta). 

Moving  houses,  regulations  for... 

CHAINGANG. 

Drainage     and     plumbing.        (See 
Drainage). 

Overseer  must  keep  record  of  con- 
victs     1791 

BURIALS.      (See  Births  and  Deaths). 

Law  governing  whipping  bosses.  .  .  .320 

By  city   1522  et 

seq. 
seq. 
840 

Use  of  by  Commissioner  of  Public 
Works     1031 

Permits  for,  how  issued    838, 

CHURCHES. 

913 

Idling  in  front  of 1849 

BUSINESS.      ( See  License ) . 

Congregating  around   and   disturb- 

Registration for  tax  on    

May  be  classified  for  taxation 

Authority  to  tax   

.64 
.65 

ing  services    1856 

Vehicles  must  pass  at  walk  during 

250 

services  1857 

License  for,  by  whom  issued 

970 

CIGARETTES. 

Registration  and  license  for.      (See 

Ordinance  against  sale  of..  1718,    1719 

License). 

CITY  ATTORNEY. 

CABS.      ( See  Drays  and  Hacks ) . 

Assistant  City  Attorney,  salarv  of.  .518 

Charges  for  regulated 

.50 

Bond  of   493 

CARCASSES.      (See  Animals,  Dead). 

Elected  by  the  people 195 

Election,   duties,   etc 208,    965 

CATTLE.      (See  Live  Stock). 

Salary  of   518 

CELLARS. 

Sue   negligent  officials 966 

Drainage  of   lots  and 171, 

842 

CITY   ELECTRICIAN.      (See   Board   Elec- 

tric Control,  Electric  Wires  and  Lights). 

CEMETERIES.       See       City       Sexton, 
Births  and  Deaths). 

Election,  time  of  changed 1308 

Salary    of    518 

Bell   in,   ringing  of 

.919 

Plan  of  worK  shown  to 1306 

Burying  outside  of 

.917 

Penalties    1307 

Burials,  charges  for    

.913 

Carriages,   etc.,  driving   in 

.923 

CITY  ENGINEER. 

Colored  persons,  where  not  buried. 

.924 

See  Commissioner  Public  Works. 

Contiguous,  supervision  over 

..34 

Assistant  City  iingineer,  salary  of.  .518 

Debris,  removal  of   

.927 

Bond   of    493,    1006 

Disturbing      or      removing      from 

Controlled  by  Mayor  and  General 

graves    

.914 

Council     137 

Disturbing  tombs  or  shrubbery .  .  . 

.915 

Election,  duties,  etc.. 

Exhuming  dead  bodies  without  per- 

195, 208,  1003,  1004 

mit    

.930 

House  numbering,  to  devise  system 

Gates  of,  how  kept  and  used 

.918 

of,  law  concerning 1115  et  seq. 

Graves,   depth   of 910, 

931 

Property  owner  shall  apply  to,  for 

Graves,    disturbance    of 

.914 

numbers     1118 

Lots  in,  sale  of 932, 

933 

Salary  fixed  by  Council 208,  518 

Material   for   graves   furnished   by 

To   have   charge    of    public   works. 

city,  prices 

.934 

make  estimate  for  grades,  inspect 

Mayor   and   General   Council     may 

material  and  make  out  bills, 

hold  property  in  trust  for  uses 

1011  et  seq. 

of     

.256 

To    make    survey    for    permanent 

Must  pay  in  advance 

.935 

grades   136,  1008  et  seq. 

New,  not  to  be  within  four  miles. 

.  .  35 

To  make  surveys,  grades,  plans  and 

Night   guaras   of 

.925 

profiles    152,    1008 

Preventing  traffic  inside  of 

.916 

Superintendent  Public   Works  acts 
provisionally  as    163 

Persons  working  on  lots,  must  have 

order     

.922 

Sewers,  cost  of,  record  kept  by...  1005 

Index. 


579 


Street      improvenients.      plat     'for, 

made   by    1007 

Books  for  permits  kept  by.  ...'..  .1222 
Paving  bills,  made  out  by 1255 

CITY  JANITOR. 

Office  of,  created   496 

CITY  PHYSICIAN  b. 

Election,  salary,  duties 729  et  seq. 

Failure  to  report  smallpox 734 

Monthly  reports  of    733 

Policemen   attended    by    732 

Under   supervision   of  Relief   Com- 
mittee    735 

Free  vaccination  by 736 

CITY  REGISTRAR.      (See  Registrar). 

CITY     SEXTON.      (See     Births     and 
Deaths,  Cemeteries ) . 

Bond  of,  $1000 493,  912 

Elected  by  the  people 195,  909 

Election   and   duties   of 208 

Compensation,  not  changed  during 

term    912 

Graves,  depth  of    910 

Fees   charged,  how  regulated 913 

Salary  fixed  by  Council 208,  518 

Shall  not  bury  without  permit.  ..  .840 
Record  of  deaths  and  burials,  kept 

by    911 

CITY  TAX  ASSESSOR  AND  RECEIVER. 
Election  and   duties.  ..  183,   1414,   1415 

Compensation,  and  oaths  of 184 

Whole  time  given  to  city 1416 

Bond  and  oath    493.   1417 

Delinquents,   names  of 1419 

Books,  one  for  each  ward 1444 

Books   for   receiving   returns,   how 

provided   1424 

Shall  not  enter  private  residences.  1420 

False  or  fraudulent  returns    1421 

Shall  hear  proof  as  to  such 1422 

Shall  enter  returns  on  tax  digest.  .1423 

Form  of  oath 1425 

Form  of  oath  of  tax  payer 1426 

Collector    and    Receiver    and    As- 
sessor,  salary  of    518 

Separate  offices 242,  1427 

Defaulters'  digest,  kept  by 1443 

Record  of  sale  of  real  estate 1445 

Office   hours    509 

Failure   to   return    1418 

Railroad  taxes,  return  from  State 

Comptroller   1446 

Books  of,  opening  and  closing 1430 

Property  not  returned,  penalty ...  1431 

CITY  TAX  COLLECTOR. 

Assistant     City  Tax  Collector,  sal- 
ary of   ". 518 

Appointed  City  Registrar 214 

Bond  of    493,    1411 

Daily  returns  made  to  Comptroller 

1413 


Election,    duties,    compen.sation.  .  .  .  185 

Elected   by   the   people 195,    1410 

Marshal's  duties  devolve  upon....  192 
Office  of,  separate  and  distinct, 

242,  1410 
Office,  where  kept,  office  hours,  509,  1412 
No    authority    to    postpone    collec- 
tion  bills    tor      street      improve- 
ments     1263 

Daily  collections  paid  to 508 

Separate  office   from   Receiver  and 

Assessor 186,  242 

Salary  of 518 

CITY   TREASCRER.      (See   Trea.sury). 

Annual   statement  by 78 

Bond  of  $100,000.00 195.   189,  493 

Books    for    registration    of    bonds, 

kept  by    485 

Deposits  of,  regulated.  .  .188,  1405,  1407 

Duties 1405 

Election,    duties,    oath,    compensa- 
tion     187,   195 

Oath  of  office,  bond,  salary.  .  .518,  1404 
Reports  made  daily  to  Comptroller. 990 
Sinking  fund,  accounts  kept  by.  .  .  .230 

May  use  Mayor's  office 351 

Warrants,  how  drawn 1408,  1409 

Bond,  liability  ol  sureties  on 189 

CIGARS  AND  TOBACCO. 

Sale  of    1816,   1817 

Cigarettes,  sale  of 1718.    1719 

CLERK  OF  COUNCIL.      ( bee  Comptroller ) . 

Bond  of,  $10,000    493 

Balance   sheet,   exhibited    when 77 

Deputy,    salary    518 

Elected  by  the  people 195,   197 

Licenses  issued,  etc.,  by 968 

Fees,  duties   970 

Oath  of,  bond,  duty 967 

What  books  kept  by 969 

Salary,  fees 197,  971,  972,  973 

Suits  brought  in  name  of 76 

To  be  Clerk  of  Sinking  Fund  Com- 
mission    379 

Office  hours    509 

Fi.  fas.  issued  by,  must  be  entered 

on  Comptroller's  books 978 

Estimates  for  maintaining  depart- 
ments, filed  with 997 

May  be  paid  salary  in  lieu  of  fees.  .196 

Tax  executions  issued  by 1454 

Record   of   property   purchased   by 
city,   kept   by ^ \  1462 

COAL  DEALERS.      (See  Public  Weigher). 
Buyers    of    coal    entitled    to    2,000 

pounds  per  ton 1396 

Changing  certificate 1397 

Certicate  delivered  to  purchaser ..  1398 
Dealers  to  have  wagons  weighed 

1394,  1395 
Drivers  must  have  certificate  .  .  .  .1399 
Selling  part  for  all,  cheating 1400 


580 


Index. 


COCK  FIGHill^G. 

Prohibited    1830 

CODE. 

City,  ordinance  adopting 198.5 

COLLECTIONS. 

By  Coupon  System    991 

COLLINS  PARK  AND  BELT  R.  R. 

Police  protection 1758  et  seq. 

Application  for  franchise p.  467 

Tracks  of.  police  protection   18 

COMMISSIONER  OF  PUBLIC  WORKS. 

Election,  compensation 163,    195 

Bids,  how  opened,  certified  checks, 

1078,  1079 

Abolished   as  charter  office 164 

Clerk  of,  office  may  be  consolidated 

with    other    offices 167 

Control   execution   of   work..  152,   1014 

May  change  rules 1015 

Make   estimates 1016 

Must  not  exceed  appropriations.  .  .lOiO 

Oath,  bond,   duty 165,   493 

Shall  file  statement  of  real  estate 

owned    by 166 

To  make  monthly  reports  to  Coun- 
cil     1017 

Accounts   made  out   and   approved 

by    lOlS 

To  appoint  and  discharge  employ- 
ees    1019 

Subject  to  Mayor  and  Council ....  1020 
Amount  may  spend,on  own  motion.  1021 
Sale    and     report     of    condemned 

stock   1022 

To  keep  complaint  book 1023 

Clerk    of 1024,     1025 

To  engage  in  no  other  business.  .  .  i026 

Office  of,    where   kept 1027 

Tagging  city  teams 1028 

Street  work,  order  of 1029 

May  be  changed  by  Mayor 1030 

To  have  use  of  chaingang 1031 

Street     improvements,     bills     for, 

made  by,  how  disposed  of 1032 

Commissioner  of  Streets  and  Sew- 
ers     153  et  seq. 

Abolished   162 

Salary     518 

Accounts   of,   how   paid 1041 

Excavations    and    replacing,    duty 
as  to 1218  et  seq. 

COMMISSIONERS.      (See    various    boards 
of). 

COMMITTEES. 

Standing,  appointed  by  Mayor, 

359  et  seq. 
May  use  Mayor's  office 351 

COMPTROLLER.      (See  Clerk  of  Council). 

Assistant,   salary   of 518 

Bond   of,  .$10,000    493 


Departments,  creation  of   988 

Election   by   people 195 

Election      and      removal,      salary, 

duties    :i-n,  518,  974  et  seq. 

Fi.  fas.  must  be  entered  on  books 

of   978 

Lost  checks,  book  for,  kept  oy. 

1001.  1002 
May     require     evidence   of   justice 

of  claims   242,  979 

Coupon  system   991 

Shall  keep  general   set  of  books... 977 
Stationery     supplied     on     applica- 
tion    982 

Supplies    for    departments,    to   get 

bids     981 

Sale   of    public    property,    reported 

to     ' 986 

Penalty     987 

Statement    of    vouchers    furnished 

to  General    Council    994 

Bills    made    in    duplicate    and    ap- 
proved   by 989 

Heads    of    departments    to    report 

collections  to  991 

List    of    burnable    propertv,    filed 

with    '. 983 

Policies    of    insurance    filed    with, 

when     984 

Tax  Oollecter    to    make    daily   re- 
turns   to     - .* 991 

Treasurer  to  make  daily  reports  to. 990 

Rents  due  city 985 

Record    of    fees     collected    by    city 

officers,  kept  by 995 

Warrants  for  money  signed   Ijy ....  989 

Warrants  for  damages 980 

Balance  sheet  made  by 77 

Public  work,  damages,  settlements, 
book  kept  by ..1210(a)    1210  (bi 

CONDEMNATION. 

What    interest     to     vest    in     |)arty 

seeking   297 

Parks  and  other  public  purposes.  .  .161 
General  law  of 271  rt  .s-c*/. 

CONFEDERATE  SOLDIERS. 

May  solicit  fire  or  life  insurance  or 
peddle  without  tax 318,  319,  320 

CONTAGIOUS' DISEASES.      (See  Diseases, 
City  Physicians). 

CONTRACTS. 

By  Water  Board,  when  in  writing.  .  .87 

Bonds  for  performance  of ;)04 

When    void    74 

CONVICTS. 

Work  of,  how  controlled 1(!S 

Farmed  out  by  C'ouncil 21!» 

Confining  white  and  colored  togeth- 
er,   prohibited    320 

Whipi)ing  bosses,  law  goveniing.  .  .  .320 


Indkx. 


581 


COURTS  AND  TRIALS.      (See  Recorder). 
AcTused,   except   females,   must   be 

present   in   person    1783 

Clerk    of   Recorder's      Court     abol- 

i'^lied    1789,    1790 

Collection  of  fines,  how  made 1778 

Contempt  of  court I777 

Continuance  of  cases,  when 1771 

Failure  to  appear  on  summons 

1768,  1769 
Jurisdiction   of  Recorder   to   abate 

nuisance    310,    1799 

Jurisdiction   of   Recorder's   Court.. 200 
May    bind    over    oftenders    against 

State  laws    397 

Opening:  and  closing,  practice 1772 

Ordinances,   construction   of 1773 

Punishments,  how  provided.  .1774,  1775 
Persons    implicated    besides    those 

on   trial    177(5 

Board    of    Police     Commissioners, 

witnesses  before.  ...  1786,  1787,  1788 
Recorder  governed  same  as  Mayor.  1780 
Recorder  shall  make  daily  report.  .  1785 

Subpoenas,   who  issued  by 1769 

Summons,  witnesses,  fine...  1766,   1767 

Term  of  Recorder's  Court 1765 

Summons  served  by  City  Marshal.  1781 
Suits   against  City  not   sustained, 

when     -224 

True  name  of  offender,  and  oflense 

to  be  entered  on  docket 1782 

Bonds,   forfeiture   of 300 

Unlawful  to  try  persons  under  as- 
sumed name,  penalty   17S3,   1784 

Violation   of  ordinances   wheie    no 

penalty  provided    I775 

Work  on  streets I779 

Overseer     of    chaingang    to      keep 

record  of  convicts I79I 

Stationhouse  Keepgr  to  keep  record 

of  fines   jjg2 

Provision  for  Mayor's  Court 21 

Investigations  under  tax  ordinance.    " 
^  1440 

Uoes  not  apply  to  vendue  masters.  1441 

CREMATORIES. 

Authority  to  establish I73 

CURBING.      (See  Sidewalks). 
DAMACxES. 

Established  grade,   for   change    of 

^^'y  f'^y   ■■: ".136 

Streets,  opening  or  changing,  as- 
sessors   appointed    for 126.     127 

Caused  by  acts  of  negligent  officials. 
City  Attorney  to  sue 900 

To  life  or  property,  not  relieved 
against   1274 

DAXCE  HOUSES. 

Applications  to  conduct.  how 
'"•^<ie    1866  (^) 


DEATHS.      (See   Births   and    Deaths). 

DEEDS. 

Tax.  admitted  as  evidence    71 

By  Marshal,  admissible  as  evidence,  190 
Redemption   of    1401 

DEPARTMENTS. 

Bills    in    excess   ,of   apportionment. 

not  paid   999 

Creation   of ggg 

Heads  of,  shall  meet  where .353 

Mayor  may  call   meeting  of  heads 

^  of  354 

Statements     for      apportionments. 

by  whom  and  when  filed.  .  .  .997,  998 
Extra  help  for,  how  obtained.  .494,  495 
Telephones  for,  distribution  of .  .  .  .371 
Boards  of,  members,  duties,  etc., 

488  et  seq. 
Officers  to  make  weekly  reports  to 

Council   491 

System   for   collection   of    bills   by 

heads  of    99i\   992 

Officers    and    employes    must    live 

in  city ." 492 

Appropriations  not  to  be  exceeded.  .498 
Stationery  and  supplies  for.  .  .981.  982 
Public  property,  sales  of 986,  987 

DEPOSITORIES. 

Designated  by  Mayor  and  General 
Council     188 

DETECTIVES.     (See  Police  Department). 

Agency    business,    abolished 1629 

How  licensed  hereafter 1629 

DIRECTORY. 

In.i"'y  to   1108 

DISEASES.      (See  Sanitary  AflfaiKs,   Quar- 
antine, City  Physicians,  Undertakers). 

Contagious,  must  be  reported 749 

Animals  affected  with  749 

Among  school  children .779 

Carrying  diseased  animals  through 

Streets    733 

False  reports  as  to  existence  of .  .  .  .780 

Funerals  in,  prohibited 755 

Glanders  among  horses  or  mules, 

781,  782 
Quarantine  for,  laws  concerning, 

772   et  seq. 
Smallpox,   signs   of,   failure   to   re- 

Poi't    754.   771 

Sale  of  infected  clothing 756 

Smallpox,      City      Phvsicians      to 

J"epoi-t   * 734 

Smallpox  patients,  guards  of I860 

DOf;s. 

Claimants  may  get  possession  of, 
l>o«'   1966 

lemaie  dogs  in  heat  not  allowed 
on   streets    \d~\ 


582 


Index. 


L.  P.  Grant  Jfark,  not  allowed  in, 

penalty    1969,    1970 

Running  at  large  without  tag ....  1964 
Tags,  record  of  purchases  of,  to   be 

kept 1967 

Tags,  how  and  where  sold   1965 

Unclaimed  to  be  killed 1968 

DRAINAGE  AND  PLUMBING.      ( See  San- 
itary affairs ) . 

Cast  iron  leaders   879 

Drains  and  gutters,  obstructing.  .  .  .768 
Failure  of  plumber  to  make  return. 886 

Gas  fixtures  regulated 884  et  seq. 

House     plumbing     and    provisions, 

drainage  regulated 846  et  seq. 

Lots  and  cellars  to  be  drained,  pen- 
alty  842 

Marshal   to   give   owners   notice  of 

nuisances    843 

Obstructing  natural  flow  of  water .  .  845 

Outdoor  water  closets   877 

Refrigerators,    how    drained 875 

Main   water    leaders 878 

Steam  exhaust  pipes   880 

System   of    134 

Tenements,  closets  of 881 

Water  closets,  how  furnished  with 

water     876 

Penalties  883,  885,  893 

Plumbers,  examination  of 887,  888 

Board  for   889  et  seq. 

Additional,  provision  for 40 

DRAYS  AND  HACKS. 

Boarding  trains   to   solicit   passen- 
gers     1934,   1935 

Driving  in  boisterous  manner ....  1912 
Driver  must  not  leave  hack.  .'■.  .  .  .1923 
Employing  unlicensed  draymen.  ..  1909 
Furniture     wagons,    drivers    must 

stay  on   1938 

Fire  alarm,  must  give  right-of-way 

1940 

Gongs   on    wagons 1924 

Hauling   without   license    1907 

Hacks,   arrangement   of,    near   pas- 
senger depot    1926 

Congregating   on    Broad    and    Ala- 
bama streets    1931 

Lamps    must    be    kept    lighted    at 

night 1918 

License  tags  on  drays   1925 

Must  obtain  license   1906 

Numbers  for    1914 

No  license  to  persons  under  18.  .  .  .1919 
Owners  of  hacks  must  post  sched- 
ule  of   prices    1920 

Penalties,  refusal   to  haul 1908 

For  overcharge   1916 

Permits   for    1941,    1945 

Lamps,    numbers   on 1942 

Badges,   hackmen  must  wear 1943 

Rate  of  charges  for  drays 1910 

Rate  of  charges  for  hacks,  penalty, 

1015,   1916 


Refusal  to  pay  hack  hire 1917 

Rendezvous    for    hacks   designated, 

1921,  1922 
Rendezvous   for    furniture   wagons, 

1936,   1937 
Substitutes    not    allowed    without 

permit     1944 

Standing  on  streets 1913 

Soliciting  on  sidewalk 1928 

Rendezvous  for  draymen.  .  .  .1936,  1937 
Soliciting   passengers    from   Union 

Depot    1932,    1933 

Charges  for  hauling    50 

Turf  not  removed  without  consent 

of   owner    1939 

Baggage,  rates  for 191 1 

Space  in  front  of  Kimball  House.  .1927 
Penalty,    violation    Sections    1941, 

1942,    1943,    1944,    1945 1946 

DRUNKENNESS.      (See  Peace,  Good  Order 
and  Morals — Courts  and  Trials). 

DUMPING      GROUNDS.       (See      Sanitary 
afi'airs). 

ELECTIONS.      (See     Registrar,     Registra- 
tion). 

Annual,  municipal,  when  held    ....331 
By    Mayor    and    General    Council, 

when   held    54 

Commissioners       to      hold,      when 

elected    55 

Term  and  compensation,  clerks,  55 
Commissioners  of,  to  take  oath  and 

make   returns    57 

Conducted   by  freeholders,   when ....  56 

Marshal,  election  ot 58 

Managers  of,  to  consolidate  vote... 335 

Mayor     332 

Opening  polls,  time  of 334 

Qualification  of  voters 59 

Polls  for,  where*  located 333 

Of  officers,  by  the  people 195 

Removal  from  board,  vacates 60 

Registration   of   voters 214 

General  law  governing 320 

For  bonds.      ( See  Bonds ) . 

ELECTRIC   WIRES  AND  LIGHTS.      (See 

Board  Electric  Control,     Telephone     and 

Telegraph  Companies,  City  Electrician). 

Breaking  globes  or  lamps,  penalty,  1276 

City  not  liable  for  damages  to.  .  .  .1107 

Conduits    for,    one    duct    free    for 

city  use    1284 

Conduits,  opening  streets  for,    per- 
mit     1282 

Streets,  bond  and  security  for, 

1283,   1287 
Corporations    given    privileges    to 
lay,  must  supply  free  city     ser- 
vice     1286 

Entering  uuildings,  how  protected,  1305 
Fire  Department  may     cut     when 
necessary    1105 


Index. 


583 


Fire  ahinii  gongs,    where  placed.  .  1304 
(Jidiiiul  connections  must     be     de- 

U'cted  and   remedied    1298 

Guard  wires  to  be  erected,  when,   1296 

Height  of,  from  ground 1102.   1106 

City's   right   to   damages    not     af- 
fected by  prosecution 1311 

Insulated  supports  required 1294 

Intoxicated  persons  working  with, 

1277,  1278 

Kind  of  insulators  required 1295 

Lights   inspected   and   reported   by 

policemen    1272  ( a ) 

Metallic  circuit  required 1301 

Permits   to   erect   poles   for,   appli- 
cation and  approval 1289 

Powers  reserved   1300 

Penalty  sections 1101,  1104 

Poles  for,  must  be    set    in    alleys, 

when   1290 

Poles,  main  line  of,  must  be    con- 
fined to  one  side  of  street 1291 

Power    wires      must    be     separate 

from  other  wires    1292 

Privileges  suspended,  when    1302 

Roofs   to   support,   not  used   with- 
out consent    1293 

Rules  for.  mav  be     modified     and 

added  to   . /. 1303 

Sale  of  franchise  works  forfeiture,  1288 
Place  of  work  to  be  shown  by  City 

Electrician  1306 

ISecond  company  to  pay  expenses  of 

raising,   when    1297 

Supports  no  longer  used,  to  be    re- 
moved    1299 

Underground  circuits 1279 

Permission  by  ordinance 1280 

Openings  for,  regulated   1281 

Wires,    cables,    etc..    placed    under 

ground,   reports,  when    1285 

Wires,  laying  of,  regulated,  1300  et  seq. 
Poles,  wires,  electrical  connections,  1273 

Interfering  witn,   penalty    1275 

Current  must  be  retained  in  proper 

channel   1309 

Penalty 1307 

ELEVATORS.      (See  Buildings). 

ELLIOTT  bTREET. 

Widening  of    1205 

EPIDEMICS.      (See  Diseases). 

EVIDENCE. 

Tax  deeds  admitted   71 

Marshal's  deeds  admissible 190 

Exemplifications    of     records     ad- 
missible     317 

EXCAVATIONS. 

In  street,  regulated 1218  et  seq. 

For   sewers,  gas,   etc.,  bond    regu- 
lated     1169 


EXECUTIONS.      (See  Marshal). 

Delinquents,  prepared     in     depart- 
ment where  bill  becomes  due, 

1448,    1449,    1450 
For  city  taxes,  how  and  by  whom 

issued    1454 

Insolvent,  Mavor  and  Council    not 

liable    ....."' 210 

Interest  on  263,  264,  1436 

Marshal     may     assign  fi.  fas.     for 

street  or  sewer  work   262 

Docket  kept  by  Marshal 1460 

On    unpaid    assessments,    may    be 

transferred    150,  270 

On   award   of   assessors   of   private 

property,  when  issued 295 

May   be   transferred,   lien   of     pre- 
served    150 

Power  of  city  to  issue  and  collect,  261 
Entrv     of     nulla     bona,     garnish- 
ments    314,  315 

Redemption  privilege  .  .  .  .262.  1^65,  270 

How  issued  , 1442,  1447 

Business  lax*  fi.  fas 1484 

Must  be  recorded  by  Comptroller .  .  978 

For  taxes,  how  issued 1447 

Tax,  Clerk  of  Council  to  issue 1454 

EXPENDITURES. 

Illegal,  city  not  liable  499 

Illegal,  cause  for  removal 500 

EXPENSES. 

Appropriations  for  six  months,  228,  229 

FEE  BILL. 

icor   city   officers,      established     by 
Council   '..212 

FENCES. 

Hitching  or  leaving  horses  close  to,  1086 
Removed  for  grading,  how  and    by 
whom  restored    1063 

FIRE.      (See  Fire  Department,  Fire  Limits, 
Fire  Escapes,  Buildings;. 

Awnings,  regulations  for 597,  668 

Ashes  in  houses,  inspection 678 

Penalty 679 

Chimneys  and  stovepipes,  604,  605,  661 

Chimneys  and  parapets 684 

Combustible  matter  to  be  removed,  672 

Construction,  notice  of,  etc 685 

Combustible  material     not     to    be 

burned    at   night    664 

Fire  plug,  obstructions  near 628 

Gasoline,  etc.,  how  kept 680 

Kerosene,   oil,   precaution  against.. 667 

Kilns    660 

Stationary  steam  engines 595,  666 

Oils,  how  much  kept 686 

Stoves,   ranges,  floor  covering    un- 
der   674,  594,  606,  607 

Openings,  "exit"   600 

Penalty   673,  675 

Stealing   at    688 


584 


Index. 


Regulation  in  case  of    639,  687 

Uncovered  lights,  carrying,  etc., 

662,  663 

Wooden  signs   668,  669 

Wood  yard,  cutting  wood,  etc.,  670,  671 
Withholding  permission,  safety, 

681,  682,  683 

Steam  pipes 596 

Water,  use  of,  during   646 

firear:ms. 

Firing  off  cannon    1846 

Discharging  in  city  limits    1828 

FIRE     DEPARTMENT.     (See     Fire,     Fire 

Limits,  Fire  Escapes). 

Assistant  Chief,  duties   623 

Alarms,  regulation  of   639 

Alarms,  false 626 

Buildings     endangering     surround- 
ing. Chief  to  give  notice 675 

Board  of  Firemasters  to  control.  .  .614 

Whom  constituted,  duties 615 

Meetings  of    645 

Bond  of  Chief  oi,  $1,000 493 

Chief  of.  duties  and  powers  of,  616,  629 

Absence  of   623 

Fire  escapes,  reports  as  to 588 

Salary,    additional    compensa- 
tion prohibited   617 

Copies  of  letters  to  be  kept 642 

Division  of 618 

Employes  of,  dismissal   622 

Subject      to      assignment      by 

senior  otncers    643 

Must  be  familiar  with  rules  of,  644 

Engineers,  duty  of 631 

Equipments    640 

Drivers,  duties   of    633 

I'oreman  and  Chief,    police  powers 

of   619 

Foreman,  duties  of 630 

Callmen.  duties  of   635 

Interfering  with   fire  alarm   boxes,  627 

Obstruction  near  fire  plug 628 

Officers   of    61o 

tlugs,   examination  of    641 

House   regulations,   liquors,   cards, 

etc 637,  638 

Regulation  for  moving  houses,  647,  648 

Rules  for    621 

Right  of  way  to  machines  of 624 

Stokers,  duties    032 

Substitutes    636 

Runners  and  laddermen,  duties  of,  634 

Vacancies,   how  filled    620 

Vehicles    on    street    when    Depart- 
ment at  work   625,  649 

Engine  house  for  West  End 12 

Water,  use  of  during  fires 646 

Injuring   engine,   hose,   hook   or   lad- 
der     676 

Trash  in  front  of  engine  house 677 

Uniforms  for  men    179 


FIRE  ESCAPES.     ( See  Fire,   Fire   Depart- 
ment, Fire  Limits,  Buildings). 

General  law  concerning 301  ct  seq. 

Board  of,  who  constitutes   .  .  .  .588,  590 

Kind  of,  necessary 589 

May  be  required    36,  588  et  seq. 

Repairs  of   59:i 

Building  Inspector  and  Chief  Fire 

Department,  report  of  as  to 588 

Specifications  for   589 

Penalty  section   591 

FIRE   LIMITS.      (See  Buildings.   Fire    De- 
partment. Fire  Escapes.  Fire). 

Extent  of    213,   657 

Districts,    close    ana    outer,    what 

constitutes   651,  652,  653 

Former  rules  apply  to  close  district,  654 
Regulation  of  buildings  within  dis- 
tricts     650 

Rules  for  outer  district    655,  656 

Sanitary  regulations   within    658 

Penalties   659 

Blacksmith  shops  within 665 

Certain  factories  within   .  .681,  682,  683 

FIREWORKS. 

I  iring  off  cannon   1846 

Burning  and  discharging  in  city..  1847 

FISH. 

Decayed,  sale  of  prohibited 785 

FLOATING  DEBT. 

Payment  of   73 

Borrowing  money  for    74 

Bonds  for.      (See  Bonds. 

FLYING  JENNIES. 

Permits  for    1866  ( a ) 

FORSYTH  STRj!.ET  BRIDGE. 

Street    car    tracks    crossing,    regu- 
lated    1333,  1334 

FORTUNE  TELLING.     (See  Astrologers). 

FRANCHISES. 

Sale  of,  works  forfeiture  of 1288 

For  street  railways.      (See  Appendix). 

FRUIT  STANDS. 

Decayed  fruits,  sale  of  ]irohibited.  .  785 

FUNERALS. 

At   residences,    passing   of   vehicles 

regulated 1589 

Impeding  procession  of   1858 

\\'here  (h'ath   from   contagious  dis- 
ease, unlawful    755 

GAMES  OF  CHANCE.     (See  Betting). 

Public  playing  and  betting 1850 

Pimps     and     enticcrs     to     gaming 

hou.scs    1 866  ( c ) 

Trade,  chance,  device   of   wliocls. 

18(H).   1891 


Index. 


585 


GAS. 

HOUSES  OF  ILL  FAME. 

Lavin<j  of  pipes,  regulated.   1218  et  seq. 

Admissible  evidence  as  to 1838 

In  hotels  and  boarding  liouses,  not 

Disorderly,  keeping  of  forbiuden .  .  1 840 

cut  off    1984 

Occupants  of   1837 

Pipes   on   Peachtree     and     certain 

Owners  of,  now  dealt  with    1835 

other  streets,  regulated .  .  1242  et  scq. 

How   abated    1836 

GARBAGE. 

Tenants  of,  ejection   1839 

Receptacles  for 1089  e^  seq. 

ILLEGAL  VOTING. 

GLANDERS.      (See  Live  Stock). 

GRADES. 

ILLEGALITY. 

Permanent,  how  established, 

1:HG,   1008  et  seq. 
\^"hen    applications    not    under 

Right  to  file    ].-)0,   151(a) 

Superior  Court  to  give   precedence 
to  city  cases 150.  151(a) 

oath 137 

IMPEACHMENT. 

Fixing,  on  Park  street 1203 

General   Council   has  sole   right  to 

GRADING. 

try 215 

Grading  and   draining    of    streets, 
system  of 134 

Mayor  tried.  Judge  City  C^ouit   to 
preside    215 

Of  private  property   in   settlement 

INMAN  PARK. 

of  claim  for  damages.  ..  1208  et  scq. 

Sidewalks  and     pavements,      regu- 

GRADY HOSPITAL. 

lated    1043   ct  scq. 

Preamble,  erection  of  building,  894,  895 

INSURANCE. 

Bequest  of  W.  A.  Moore 905 

Confederate     soldiers     mav     solicit 

Contributions   to    899    et   seq. 

without   license  or  tax.   when....  31 S 

Government  of,  vested  in  Board  of 

Trustees 901  et  seq. 

INTEREST. 

Monev  for  maintenance  of  .  .  .  .;/07.  908 

Fiscal   year,   after    1884.   provi.>ion 

Provisions  for  acceptance  by  citv,  906 

for  payment  of    231.  232 

Rules  for,  by  whom  made   896 

ITINERANT  TRADERS. 

"Vacancies  on  committee     of,     how 

filled 897 

May  be  taxed   70 

Hospitals  generally,  erection     and 

INTERMENTS.      (See  Cemeterv). 

maintaining 898 

Trustees,    not    affected    bv   Section 

INVESTIGAllONS. 

61(a) 

Provision   for    61 

Trustees  may  hold  other  office 513 

JUNK  DEALERS. 

GRANT,  L.  P.,  PARK. 

Are  required   to  keep  records 1720 

Extension,  police  protection    18 

LAMPS. 

GRAVES.     (See  Cemetery). 

Gas  and  gasoline,  interfering  with.  1832 

GUANO  FACTORIES. 

Street  lamps,  interfering  with   ...1831 

Prohibition  in  citv   765 

LEWD  WOMEN. 

Penalty    766 

Appearing     in     public     places     at 

HACKS.      (See  Dravs  and  Hacks). 

night    1809 

Men  not  to  taik  with  familiarly. 

HORSES. 

1810,    1811 

Hitching  to  trees,  fences,  etc 1086 

LICENSES.      (Liquor,  see  Liquor  Traffic). 

HORSES.    MULES,    HOGS    AND   GOATS. 

All  licenses   1503 

(See  Live  Stock). 

Book  agents  must  obtain    1498 

HOSPITALS.      (See  Grady). 

Business,   registration    for,    1472.    1473 
Commission     merchants,     consign- 

HOTELS. 

ments    1493 

Gas  in,  not  to  be  cut  off 1984 

License  to  carry  on  business,  paid 

Porters  of  soliciting  baggage. 

1929,    1930 

into  treasury 65,  64.  191 

Free,  not  granted   1487 

Entering  L  ninn   Depot    1853 

Failure  to  register  and  pay l475 

Fi.  fas.  for    1484 

HOUSES. 

issue  by  Citv  Clerk    968,  970 

Numbering  of,  law  coneernins:. 

Fees  for  Citv  clerk   1478,  1479 

1115   et   scq. 

Fees  go  to  city    1480 

586 


Ikdex. 


Maintaining  fruit  stands 

1489,    1506,    1502 

Pawnbrokers    1476,   1477 

Old  soldiers,  free   1481 

Peddling   groceries,   none   issued..  1499 

Powder,  sale  of    1574 

J^'ees  go  in  City  Treasury 1574 

How  obtained   1575 

Council  may  refuse   1576 

8ign    1577 

Produce    broker    1485 

Producer,  right  to  sell  without, 

1505,  1512,  1513 

Bucket  shops,  not  modified 1486 

Intinerant  traders,  peddlers,  must 

have    1490 

Penalty    1491 

Peddling  without   1492 

Must  show  license   1943 

License  of  peddlers   1502,  1503 

Street  venders,  when  granted 1488 

Selling  clothing,  or  soliciting  print- 
ing orders    1494 

Street  drummers,  penalty  .  .  .  1495,  1496 
Selling  fresh  meats  from  wagons, 

1497,  1500 
Vending  medicines   prohibited,   ex- 
cept  when    1514 

Theatrical  companies,  shows,,  etc ...  67 

LICENSE  INSPECTOR. 

Office  of,  created,  bond  $1,000 1515 

Oath  as  special  policeman   1517 

Duties  of   1516 

Warden's  duties  performed  by.  .  .  .1518 

LIENS.     (See  Executions). 

Assessment     for     street     improve- 
ments    147 

Sewers    45 

Of  executions  preserved   150 

LIMITATIONS. 

Of   prosecutions    1864 

LIQUOR  TRAFFIC. 

Applicants  must  take  oath    1548 

Application  for  license,  how  made,  1554 
Application  for  Hcense  must  be  ad- 
vertised    1526,  1528 

Beer,     separate     license     for     not 

granted  in  retail  limits 1540 

Beer  kegs  on  sidewalks    1559 

Bottled   beer   may   be     drank      on 

premises   1507 

Business  tax  not  to  interfere  with 

charter    sections     . 04 

Business  places  must  be  level  with 

street   1543 

Blinds,    screens,    etc.,    prohibited,    1542 
Conviction  works  forfeiture  of    li- 
cense    1553 

Keeping  on     hand     for     unlawful 

sale   1537,   1558 

License  revocable,  when   1536 

Amount  of   1527 


License,  to  whom  issued    1541  ■ 

How  forfeited   lo62 

Manufacture  and  sale  in  West  End 

forever    forbidden     9 

Must  close  on  certain  days   1547 

Minors      not     allowed      in     retail 

places    1563 

Must  ke^p  sign  as  to  this   1565 

Not  sold  with  drugs,  penalty. 

1531,   1532 

Opening  and  closing  hours    1546 

Only    retailer    can    sell    less    than 

commercial  quart   1529 

Piedmont  Park,  retailing  at 1560 

Provisions  applicable  to  license  for 

retail  beer   1540,   1561 

Retailers,       traffic      regulated      by 

Council    66 

Must  have  sign  1550 

Limits  for    1539 

Tables  for  gaming  in  places,  1544 
Without       license     prohibited, 

must  have  sign 1535 

Lager  beer,  sale  of,  license 68 

Sale     of     prohibited     within     1% 

mile  radius    2 

In   West   End    2 

Punishment  of  minors    1564 

Retailers  must  not  sell  in  bulk  to 

be  used  on  premises 1567 

Loitering  in  places  prohibited  ....  1545 

Officers   admitted    1551 

Penalty  section  1552 

Transferee   of    license,    regulations 

as  to 1556,  1569 

To   whom  license  shall  not  issue,   1557 
Violation  of  laws  revokes  license, 

320.'  1555 
Wholesalers,    traffic     regulated    by 

Council   66 

To   open   and    close   as   retail- 
ers    1330 

Tax  on,  $200 1533,  1534 

To  close  on  holidays   1538 

Lunches   prohibited    1570 

Keep  open  tippling  house  on  Sab- 
bath,  revokes   license    320 

Liquor  not  sold  in  connection  with 

any  other  business 1571 

Penalty    1572 

Keeping  open  after  hours    1814 

Regulations  governing,  in  parks,  etc.,  18 
Alcohol,   sale  of    1566 

LIVE  STOCK. 

Driving  unhaltered  through  streets, 

hours  for   1949,  1950 

Letting  down  enclosures 1948 

Straying  on  streets 1947,  1952 

(ilaiiders  among    781,   782 

Penalty  section „ 1951 

Grazing    on    lots    without    permis- 
sion    1958 

Impounding,     advertising  and  sell- 
ing   1953 


Indkx. 


587 


Milk  cows  when  confined,     to     be 

milked    1955 

Penalty   section    1959 

Running  at  large,  prohibited, 

1952,    1955,    1956 

To  be  taken  up 1957 

When       sold,     proceeds     returned, 
when   1954 

LIVERY  STABLES. 

Location  regulated  by  Council,  49,  1973 
Must  get  special  permission  for,  1972 
Use   of   streets   for   animals      near 

churches  and  schools 1973 

What  petition  for,  must  show,  pen- 
alty  1974.  1975 

Private  stable  not  nearer  than  30 

feet  to  any  residence 1976 

LOANS. 

Temporary,  construction   of   water- 
works     92.    94 

To  city  employes,  forbidden 501 

Not  over  $200,000    233 

MARKET  HOUSJv 

Provision  for  renting  and  purchas- 
ing     249 

MARKHAM  STREET. 

Ordinance   conveying   part    of.     to 
Southern  Ry.  Co.,  etc.  .  .1205  et  seq. 
MARRIAaES. 

Report  of   831 

MARIETTA  STREET. 

Widening  of    1121 

Grade    in    front    of    Di-.    Calhoun's 
property  fixed   1211 

MARSHAL,  CIT\. 

Acts  City  Inspector   194 

Bond,  and  removal  for  cause 58 

Bond  of  $10,000   493 

Council  may  abolish  office  of 192 

Council  may  fix  salary  instead  of 

fees    19(3 

Defaulters  not  settled  with    before 

fi-  fa 1452 

Deputy,    salary,    required    to    take 

oath    518 

Duties  and  compensation  of 190 

Election,    term,   auties,    etc 58 

Execution  carried  by  .  . 261 

Elected  by  the  people,  duties,   190.   195 
Extra  help  for  collecting  /;.  fas., 
_,  494,  495 

Fees  and  costs  collected,  paid  into 

City  Treasury  19] 

Fi.  fas.   for   street     improvements. 

transferred   by    149.    150 

Fi.   fas.   must   be   endorsed    in   ink 

J^y 1451 

Notice  must  be  sent  under  cover. 

n  .u     .                                              1453(a) 
Oath  of  19;^ 


Papers  and  books  kept  by  1460 

Property  held  one  year,  how  ais- 

posed  of  1467 

Council  to  direct  sale   1468 

Each  piece  sold   separately.  ..  1469 
Quit  claim  deeds  from  city".  .  .  .  1470 

Purchase  by  city   146) 

Clerk     of     Council   shall  keep 

record  of 1462 

Redemption,  privilege, 

270,   1458,   1464 
Sales  by,  purchaser  put  in  posses- 
sion    1471 

Tax  .sales  1465,  1466 

Tax  fl.  fas.,  levies  by   1455 

Advertisement  and   sale,   fees  of..  1456 

Shall  give  owner  notice   1457 

Salary  of   5I8 

To  keep  registry  of  tax  sales 1459 

To  put  License  Inspector  in  posses- 
sion    1463 

Warrants,   svimmons,   precepts,   ex- 
ecutions, etc.,  directed  to 209 

Street  tax  aemanded  before  fi.  fa. 
issued 1453 

:mayor. 

Approval    or  disapproval    of    ordi- 
nances transmitted    355 

Court  presided  over  by  Recorder.  .  .  .  198 
Election  bi-ennially,   vacancy,   how 

filled   ." 332.  19 

Ineligible  for  succeeding  term 20 

]\Iay  hold  Mayor's  Court 21 

May  order  elections   to   fill  vacan- 
cies    53 

May  call  meeting  of  heads  of    de- 
partments   .  .  . 354 

No  vote  unless  tie,  veto  power 2.*^ 

Oath  of    26 

Administered  to  Councilmen.  .  .  .27 
Oflice  of.   where  kept,   office  hours.   350 

Who  may  use.  and  how 351 

Powers  of  Justice  of  the  Peace,  in 

chief  executive   22,  31H 

Presides  over  what  bodies 24 

Pro  tern.,  when  elected 25.  357 

Pardoning  power   01    .352 

Permission  for  games,  granted  by,  186P 

Salary  of,  and  term  of  office 20,  518 

Secretary  for.  employment  of   356 

Messenger,  office  of  abolished    356 

Riot,  emergency,  authority  of 320 

Heads  of  departments   to  meet  in 

office   of    353 

Council  committees,  appointed  by, 

359  et  scQ. 
Holding  oflSce  under  U.  S..  disqual- 
ifies   61(a) 

Shall  not  appoint  non-residents  as 

officers    320 

MAYOR  AND  GENERAL  COUNCIL. 

Rules  for  government  of p.  447 

Assessments,   executions  and   bills, 
transfer  of.   authorized   bv.    149.    150 


588 


Index. 


Aldermen,  number  of 30 

Additional    power   over      sewerage, 

drainage,   etc    40,  41 

Auctions  of  jewelry,   taxes   by 69 

Appropriations,  expenditures  must 

not  exceed    498 

Auditor,  election,  duties,  salary.  .  .  .203 
Absence  of  Recorder,   one  member 

of,  must  hold  court 202 

Bonds  to  city,  cannot  be  surety  on,  505 

Beer,  billiard  tables,  etc 68 

Boards,  members  of,  no  salary  for, 

after  .January  1,   1899    223 

Bonds  generally,   sinking   fund    to 

pay    226 

Councilmen.   West   End,   one   from 

for  five  years 5 

Two  for  each  ward    29 

Elected  for  two  years 29 

Ineligible  for  succeeding  term,   29 

Ex-officio  J.  P 51 

Salary   30 

3hall  not  contract  with  city... 52 
To  hold  until  successor  quali- 
fied   53 

Vacancies,  how  filled 53 

Individual  liability,  when 74 

May    preside    over    Recorder's 

Court 202 

Cannot     hold     at     same  time 
other  municipal  office, 

313,  510  et  seq. 
Clerk  of,   salary  or   fees   regulated 

by    ■ 196,    197 

Clerk  of,  suits  to   recover  brought 

in  name  of    76 

Commissioner     of    Public    Works, 

compensation  fixed  by  163 

Clerk  of,  office  mav  be  contin- 
ued by   .' 164,  167 

Commissioner  of  Streets  and  Sew- 
ers, abolished 153  et  seq. 

City  Hall,  sinking  fund  for... 240    (a) 

Convicts,  farmed  out  by 219 

Chamber,  what     persons     excluded 

from 321 

Committees,     standing,     appointed 

by,  duties  of   359  et  seq. 

May  use  Mayor's  office 351 

Deeds  made  by,  evidence   71 

Defense   of   persons   charged    with 
city  offense,  members  cannot  aid 

in    506 

Motions  to  reconsider   31 

Examinations,  may  authorize   6i 

Elections  and  appointments  by.. 54,  5a 
Returns    considered    by,     con- 
tests     57 

Expenses  restricted  to  income 73 

Fee  bill,  may  be  established  by 212 

Fiscal   year,   at   end  of   must  turn 

over  $175,000  ca.sh 231,  232 

Increase  of  debt,  separate  vote  on 

ayes  and  nays  31 

Itinerant  traders,  taxed  by 70 


Interest,  money   borrowed   to   pay, 

restrictions    74,   75 

Insolvent  executions,  not  liable   to 

pay 210 

Legislative  powers,  general  welfare 

clause    33 

Department,  how  composed 28 

Liquor  traffic,  wholesale     and     re- 
tail, regulated   66 

Loans,  temporary,  right  to  make  .  .  .233 
May  classify  business  for  taxation.. 65 

May  expend  entire  receipts 248 

May  condemn  property  for  water- 
works   " 84 

Market    house,    authority   to    rent 

and  purchase 249 

May  levy  business  tax 250 

Mortgage  of  >v.  W.  Ins.   Co.,  pur- 
chase of   244 

Oaths  administered  by  Mayor    27 

Penal  ordinances,  passed  by 37 

Public  meetings     in     streets     regu- 
lated   by    48 

Powers  under  Act  of  1874,  to  con- 
tinue  220 

Limitations  of   power   to  contract, 

repealed    1084 

Rates  for  hauling  regulated  by 50 

Regular  session  of,  when  held 32 

Readings   required  to     pass     ordi- 
nances     38 

Railroad       tracks,       may     require 

bridges  over 39 

Recorder,  elected  by 198 

Salary  of,  fixed  by    199 

Registration     of     voters,  provided 

for  oy   Zl4 

Registrars,  compensation  fixed  by.  .214 

Supervision  over  cemeteries    34 

Sewer    connections    regulated    by, 

40  to  47 
Sinking  fund,  creation  of,  manage- 
ment of,   annual    Ill,   226,   228 

Streets   opened,   laid  out  and  wid- 
ened   by    126,    127 

Alabama,  extension  of.  .131  ct  seq. 

May   repave    140,    141 

Improvements  on,   street   rail- 
ways may  be  assessed 142 

Connection,  four  squares 146 

Improvements  on,   assessment, 

hen,  rank  of   148 

Grading  and  draining,  svstem 

of    " 134 

Siuewalks  and  pavements,  or- 
dered laid    139 

Power  to  grade  and  pave 138 

Sidewalks  and  curbing,  assess 

cost  of    139.    140 

General  repair  of  149 

Street  railways  maj'  be  required  to 

pave  between  tracks    149 

On  uupaved  streets 144,  145 

Street  tax,  levied  by   135 


Index. 


589 


Sanitary   purposes,   appropriations 

,  by    ^ 247 

Salaries  of  officers,  fixed  by.  .  .218,  222 
Theatrical     companies,     shows     li- 
censed by  67 

U.   S.  deed    to.    for    public    build- 
ing       245,  240 

Vaccination,  power  to  compel   173 

Vote  taken  viva  voce 358 

Vacancy,  how  filled   60 

Vacancies,  may  fill  for  interim.  ..  .221 
Water  and  waterworks,  power  over 

«'d    18 

jrJonds   for.      (See   Bonds). 
Shall   provide   for    interest   on    wa- 
ter bonds    gjj 

Waterworks i24 

Water  and  waterworks,  new,  police 

and  sanitary  regulations   104 

Semi-annual  inspection 112 

Board,  members,  how  removed,  113 
Control    woik   through      Com- 
missioners     123 

Expenses,  estimate  and  appro- 
priation   109 

Confined  to  income    110 

Reserve  fund  created !  121 

Procuring     funds     from     citi- 
zens   122 

Witnesses,  authority  to  compel  at- 
tendance of   211 

Warrants  on  Treasurer,  how  drawn " 

^  *"^  P^^id    1408.   1409 

Quorum   o  1 

Removal  from  ward  disqualifies'  "      'oo 
Holding  office  under  U.  S.  disquali- 
fies    ....  i>^  /     \ 

T>  ,  ,  ol  (a) 

Balance  sheet  exhibited  to,   when... 77 

MEATS. 

Decayed  fish,  poultry,  etc 751    785 

i^rom  animals  that  died  of  disease 

or  killed  too  young   .  .  7g5 

Freshly   killed,      wagons    'hauling' 

covered    790^'  -yj 

Sale  and  delivery  of  on  Sabbath, 

..     ,  1834,    1818 

Vendors  must  have  scales .  i,501 

MEDICINE  STANDS. 

Selling  medicine  under  auctioneer 
or   peddler's   license,    prohibited, 


MILK. 


1094,    1095 


Adulterated  or  impure,  sale  of.  817 

JJairy  wagons  must  have  signs  on.  .    92l 
Inspectors,  duties  ot  as  to  819 

Rights  of '  "  '  82'^ 

May  be  sold  on  babbath  .    igifi 

Permit  for  sale  of go^ 

Parturition,  ten  days   before  "and'    ^' 

after,   sale  of    gjg 

Skimmed,     vessel     containi'ng, "  so ' 

marked   °'  g^^ 

_   Samples  analyzed,  when '.[[',]  .823 


What  shall  contain 
Penalty    


.824 
.826 


MINERAL  WATER.      (See  Sabbath). 
AlINISTKRS  OF  GOSPEL. 

Excu.sed  from  taxation,  when   .  .  .  .1873 
MINORS.     (See  Barrooms). 

Payments  to   298 

MOCKING  BIRDS.      (See  Birds). 
^MUNICIPAL  CORPORATIONS. 

IMinutes  and  records  of,  when  and 

how  made  evidence    317 

Lanes    and    alleys,    closing   of    per- 
mitted   by    269 

Penal   bonds,  forfeiture  of,  provis-  " 

ion  for    -iQf. 

Sales   of  property   for   taxes,     law  ' 

concerning    265   et   scq. 

General  law  aftecting 320  e^  seq. 

NAMES   OF  STREETS   CHANGED.      (See 
Streets). 

NEWSPAPERS. 

May  be  sold  on  Sabbath 18 17 

NUISANCES.        (See      Board     of     Health 
Sanitary  Aft'airs). 

Abatement  of.  169,  172,  308  et  seq.,  764 
Board  of  Health  may  inquire  into,  1793 

Judgment  of,  conclusive 1794 

Defendant,   how  summoned    1798 

Execution  of  sentence,  fine   1796 

Mayor  and  General   Council,    niav 

-.^""J--: '.1797 

•Mirisdiction  of  Recorder's  Court, 

^  .   .  200,   1799 

1  rivies,  when  declared   I8OI 

Slaughter  house  prohibited  in  cer- 
tain localities   1800 

Refusal   to  abate,   penalty 1795 

Penalty  section '  "  1802 

From  stagnant  water,  how  abated,  84.3 
NUMBERS.     (See  Houses). 
OFFICES. 

Ifoiiis   .-,09 

Holding    of,    regulatetl.    dual    pro- 

^"bited   510  e^  ^cq. 

OFFICERS. 

Amount  of  bonds  of   493 

Auditing     witness     fees,     not     al- 

^'°7«^ 516,  517 

Bonds  of,  hdehty  companies     may 


make 


503 


Cannot  represent  suits  r,s.  city.  .  .  .  .507 

Election  by  people,  when   19.5 

Extra  lielp,  employment    of,    regu- 


lated 


494,  495 


Fee  bill   for,  established  by  Coun 

fil    212 

Holding  dual  offices  prohibited, 

510  e^  seq. 


590 


Index. 


Janitor,  appointment     of     author- 
ized    496 

Handling  city  funds,  cannot  become 
sureties    497 

Liable  for  illegal  expenditures, 

499,  500 

Loans  to  city  employes  bv,  prohib- 
ited    ' ' 501,  502 

May  justify,  when  sued  in  official 
character    216 

Officers  and  employes  must  live    in 
city   492 

Official   bonds   ol.   Mayor,   Council- 
men  and  Aldermen  cannot  sign,   505 

Salaries  of   218,  518 

Deputies   appointed   must   be   citi- 
zens of  this  State    320 

Weekly     reports     to     Councilmen 
made  by   491 

Removal   from   ward  disqualifies ....  60 

Must  reside  in  wards  elected  for  ....  60 

OLD  SOLDIERS.      ( See  Peddlers ) . 
OLEOMARGARINE. 

Regulation,    sale    of,    law   concern- 
ing   787  et  seq. 

OPIUM  JOINTS. 

Prohibition  of,  and  penalty  for 767 

OPERA  HOUSES.      (See  Theatres). 

ORDINANCES. 

Passed     by     Mayor     and     General 

Councif " 33 

Penal   37 

Readings  required  to  pass 38 

Revised  City  Code,  adoption  of...  1985 

PARDONS. 

Power  vested  in  Mayor 352 

PARKS.      (See  Board   of     Park     Commis- 
sioners ) . 

Under    control    of    Park    Commis- 
sioners    954,  964 

Dogs  not  allowed  in 958 

Breaking  flowers  and  foliage  in... 959 

Violation  rules  of   960 

Right  of  city  to  condemn  lands  for.  .  161 
Springvale,   ordinance   accepting.  .  .962 
City      ordinance      as      to      stands, 
peace  and  order,  apply  to.  .  .955,  956 

Animals,  protection  of 957 

State  penal  laws,  violation  of 961 

North   avenue,   park   m,   accepted,   963 
Ordinance    of    force    in    Piedmont 

Park 1821 

Ponce  de  Leon  and     Grant     Park, 

police   protection    18 

Piedmont,  police  protection 18 

Purchase  of 240  ( h ) 

PARK  STREET. 

Fixing  grade  of   1203 

J'ATENT    MEDICINES.      (See    Medicine). 


PAWNBROKERS. 

License  for   68(a),  1476,   1477 

Report  to  Chief  of-  Police 1610 

PAVING.      (See     Venable     Ordinance     for. 
1178  et  seq.) 
Bill  for,  machinery  of  City  Govern- 
ment, used  to  collect 1183 

Between  double     tracks     by  street 

railway  company    140,    143 

Council  may  order  laid 138 

Connecting  streets   146 

City  not  liable  for  property  owner's 

pro  rata   1 182 

Legislation    to    make    installment 

payments   efficient    1185 

jMaximum     chargeu     company     on 

paved  streets 140,   141 

On  unpaved  streets   144,  145 

Option   of   property   owner   to   pay 

cash   for    ' 1179,   1181 

Property     owner's    jjro     rata      re- 
funded,   when    1344 

New  sand  used  in  relaying, 

1212,  1212(a) 
Streets,  abutting  owner's  assessed, 

petition  for    139 

Street  railway  companies,   install- 
ment privilege,  not  extended  to,  1183 
Bills  for,  maae  out  by  City  Engi- 
neer      1255 

Collected    by    Street   Improve- 
ment Collector   1255,  1256 

Transfer  of   1180,  1257 

Interest  on    1262 

Abutting  owners  to  have  ten  days' 

notice    1258 

Bills  for,  collection  of  must  not  be 

postponed 1263 

Manner  of  collecting 1266 

Ordinance  tor,  as  to  street  railway 

companies    1345 

Repairing   (p.   107 )    320 

Streets  and  sidewalks 1034,  1035 

Assessments    for.      (See    Assessments). 

PAUPERS.      ( See  Cemetery ) . 

Burials  of 1522  ct  seq. 

PEACE,  GOOD  ORDER  AND  MORALS. 

Public  indecency 1803 

Indecent  dress 1804 

Noise  at  night 1805 

Drunkenness,  hooting,  etc 1806 

On  street   1807 

Penalty,  how  relieved  against,  1807 
Court   to    inform   prisoner   of    this 

method  of  relief 1808 

Lewd  women  in  public  places   ....  1809 
Men    must    not    talk     with    them 

familiarly   1810 

Penalty   1811 

Alabama  flips   1812 

Penalty    1813 

Liquor  dealers,  keeping  open  doors 
after  hours    1814 


Index. 


591 


Stores  kept  open  on  Sabbath 1815 

Milk  bread,  etc.,  sold  on  Sabbath,  1810 

What  other  articles  sold  on 1817 

Meats  to  hotels,  etc.,  sold  on 1818 

Stairways,  loitering  or  sleeping  in,  1819 

Penalty    1820 

Piedmont       Park,     ordinances     of 

force  of 1821 

Barrooms,  females  not  to  enter  .  .  .  1822 

Penalty   1823 

Pool  and  billiards,   minors   not  to 

play  in   1824 

Minors  must  not  enter  without 

parents'  consent   1825 

Opening  ana  closing   1826 

Penalty    1827 

Shooting  in   city    1828 

Defacing   buildings    1829 

Cock  fighting 1830 

Street  lamps,  injury  to 1831 

Gas  and  gasoline  lamps,  interfering 

with   1832 

Sabbath,  barbers  not  to  keep  open 

on   1833 

Sabbath,  sale  and  delivery  of  fresh 

meats,  etc.,  on   1834 

Houses  of  ill  fame,  owners  of 1835 

How  abated  1836 

Occupants   1837 

Evidences  as  to 1838 

Ejection  of  tenants   1839 

Disorderly  houses 1840 

Public  meetings    1841 

Offenders,  arrest  of   1842 

Penal  laws,  violation  of 1843 

Aflrays,  persons  summoned  to  sup- 
press    1844 

Policemen,  interfering  with  duties 

of    • 1845 

Firing  off  cannon 1846 

Fireworks   1847 

Streets,   assembling  and     loitering 

in 1848 

Churches,   idling   in  front  of,   dis- 
orderly  conduct    1849,    1856 

Lodging     in     outhouses,     begging, 

public  playing  and  betting 1850 

Penalty    1851 

Streets,  feeding  animals  on 1852 

Passenger  depot,  porters,  etc.,   en- 
tering    1853 

Duty  of  policemen    1854 

Public  schools,  disturbance  of....  1855 
Public  worship,  disturbance  of  by 

vehicles    1857 

Funeral  processions 1858 

Funerals,  vehicles     passing     house 

where  held   1859 

Smallpox,  patients  to  be  guarded.  .1860 

Telegraph  poles,  defacing  of 1861 

Mocking  birds  not  trapped 1862 

Prosecutions,  limitations  of   1864 

Entry  fees,  must  be  paid,  how, 

1865,  1866 


Flying  jennies,  must  liave  permits, 

1866(a) 

Penalty    1866(?>) 

Pimps  and  enticers   1 866  ( c ) 

Ticket  scalpers,  soliciting  on  side- 
walk    lS66(e) 

Penalty    1806  (^ 

Suspected  criminals    186G(rf) 

Dance    houses     1866  ( q ) 

Athletic   games    1867 

Permits,   applications  for    1868 

Mayor  acts    between     sessions 

of  Council    1869 

No  games  without    1870 

Penalty    1871 

Astrologers  and  fortune  tellers, 

1872,    1873 

Spitting  on  sidewalk    1874 

See    Act     of      Legislature      under 
Section  320. 

PEACHTREE  STREET. 

Pipes  on,  regulated 1242  et  seq. 

PEDDLERS.      ( See  Licenses ) . 

All  licenses,     how     obtained     and 
paid  for   1503 

Licensed   by   Ordinary,   must   have 
city  license  also,  penalty,  1490,  1491 

Must  exhibit  license  when  demand- 
ed    1493 

Mayor   and   General   Council    may 
revoke  licenses  to 1504 

Peddling  meat  from  wagons,  1497,  1500 

Vendors  of  meat,     ice,     vegetables, 
etc    1501 

Street  vendors  located  by  Chief  of 
Police   1508 

Confederate   soldiers   may     peddle 
without  license,  when, 

318,  319,  320,  1481 

Peddling  without  license   1492 

Selling  unsound  fruit,  meat,  eggs, 
etc    1507 

Plying  trade  at  other  than     place 
designated   1509 

Peddling    vegetables,    fruits,    etc., 
under  peddler's  license,   only  by 

producer    1512 

Penalty   1513 

PENAL  LAWS. 

Of  the  State,  violation  of 1843 

Ordinances,  passed  by  Council 37 

PERMITS. 

Games  and  athletic  sports,  how  se- 
cured for 1868  et  seq. 

Street  excavations,  sewer  and  gas 
pipe   1218  et  seq. 

For     buildings.       (See    Buildings, 
Building  Inspector). 

For  wood  yards   670 

Milk,  sale  of   825 

PERSONAL  PROPERTY. 

Removal  to  City  Hall,  for  sale  of 
when   not   required    217 


592 


Index. 


PHYSICIANS.      (See  City  Physicians). 
Sliall  report  smallpox  to  Board  of 

Health    771 

Births   and  deaths    832.   837 

Certificate  Oi  death    837 

PIEDMONT  PARK.     I  See  Parks ) . 

Provision  for  purcliasc  of    240(5) 

PIMPS  AND  EXTICKRS. 

Of  strangers  to  gauibling  houses, 

1866(c) 

Suspected  .TiininMls    1866(d) 

PIPES. 

Assessment    tor    125 

Injury  to,  liability  and  punishment,  103 
Must"  cut   hole   through   curbstone 

where    necessary    1170 

PLATS. 

For  sale  of  property,  tiled  with  city,  1098 
PLUMBERS.      (See  Drainage). 
POLES. 

After    setting,    sidewalks    must    be 

left  in  good  condition 1112,  1113 

Applications  for  permit  to  set  ...  1289 
Electric  Board  to  regulate  use  of,  1100 
When  rejected  and  not  removed,  1101 
For  electric  wires,  must  be  set   in 

alleys,  when    1290 

Granting  permits   to  erect,  powers 

reserved    1300 

Main  line  must  be  confined  to  one 

side  of  street    1291 

Surplus  dirt  must  be  removed 1111 

Telegraph  and  telephone,  must     be 

painted    1099 

Defacing 1861 

POLICE  DEPARTMENT.      (See  Board     of 
Police  Commissioners,  Bail). 
Generally— 

Board    of    Commissioners      to 

govern    1578  et  seq. 

To  make   rules   for    1582 

Chief  of— 

His  orders  obeyed 1600 

General  duties   1599.  1601 

Responsibilities     and     special 

duties   1602 

Books,  what  kept  by   1603 

Itemized  bills  submitted   by..  1604 

To  suspend  subordinates 1605 

Notice  read  to  force  by 1607 

Stolen  property,  when  and  how 

disposed  of   1608,  1609 

Name  of,  signed  by  Assistant 

Chief,  when   1618 

Book  for  communications  kept 

bv    1619 

Oath   of    1746 

Assistant  Chief — 

Duties  oi   I(i06  ef  seq. 

Is   Chief   of   Detectives.    1611,    1612 
Oath   of    1747 


Conductors  on  street  railways  have 

police  powers    320 

Pawnbrokers,  etc    1610 

Junk  dealers    1720 

Signal  system 1720  el  seq. 

Detectives,  duties  generally,  1613  et  seq. 
Captains,     general  duties  and     re- 
sponsibilities   1631  et  seq. 

Oath   of    1748 

Sergeants,   general   duties   and   re- 
sponsibilities     1648  et  seq. 

Stationhouse   keepers,   general   du- 
ties and  responsibilities,  1657   et  seq. 

Oath  of    1749 

Patrolmen,  oath  of,  term  ana  com-' 

pensation   1750 

Interference  with  duties  of.  .  .1845 
Assuming  to  be,  unlawful.  ..  1630 
Bridges,  condition  of,  reported 

by.  to  give  whole  time 1671 

Shall     enforce     anti-cigarette 

law    1718 

Rules  governing   1672  et  seq. 

Leaks    and     water     pipes     re- 
ported by   1719 

Mounted  men.  rules  governing   .  .  .1721 
Callmen,  must  respond  promptly,  1722 
Wagonmen,  duty  and  responsibili- 
ty of    ■ 1723 

Turnkeys,  duties  of 1724 

Custodian,  duties  of   1725 

Signal  service,  rules  governing, 

1726  et  seq. 

Reserve  force,  duty  of 1731 

Engineers,  rules  governing,  1732  et  seq. 

Policemen,    special,    duty   of    1735 

Watchmen,  private,  how  regulated, 

1736,   1737 
Charges,    trials,    etc.,    rules      gov- 
erning     ' 1738 

Physicians    of   city    to    attend     po- 
licemen    732 

Processions,     public,  military     and 

civic    1754   et   seq. 

Duties    of    policemen    as    to    street 

improvements    1223 

Appointment  on  force,  application 

for    1751 

New   waterworks,  protection  over..  104 

Number   of  force    1753 

Electric   lights  inspected   and     re- 
ported by    1272(a) 

Collins  Park  &  Belt   R.   R.,   police 

protection    1758  (a)     et    seq. 

Service  for  West  End   14 

Uniforms  for  men   179 

POLLS. 

Where   located    333 

Time  of  opening  and  closing 334 

Managers  at,  duties    335 

PONCE  i)K  LEON. 

Extension,   police  protection    18 

POOL.      (See   Billiards  and   Pool). 


Index. 


593 


POOL  SELLING. 

Prohibited    1892 

POWDER. 

Sale  of,  quantity  kept  on  hand.  .  .  .1573 

Dealers  in,  must  have  signs   1577 

Gunpowder,  license  to  sell    1574 

License  for  sale  of,  how  obtained,  1575 
Council  may  refuse   1576 

POWELL  STREET. 

Watchmen  must  be  kept  at  cross- 
ing of   1302 

PRIMARIES. 

Regulations  for  holding   320 

PRIVATE   PROPERTY.      (See   Assessors). 

Assessed  for  water  pipe 125 

Condemned  for  waterworks   plant, 

damage 83,   84,   85 

Condemnation   of,   as  per   Code   of 

Georgia    120 

Extension    of    waterworks, 

115  to  117 

For  parks,  etc 161 

Rights  and  remedies,  disputes,  120 

General  law  of 271  et  scq. 

Damage     to,     for     running     sewer 

through   1214 

Damages,  two  freeholders  appoint- 
ed to  assess   126,  1373,  127 

Fifth  assessor   129 

Sewers   through    43 

Grades,     permanent,     how     estab- 
lished    136,  137 

Improved,  assessed  for  water  pipe,  125 
Grading  of,  in  settlement  of  dam- 
ages    1208  et  seq. 

Plats    laid    otf   for    sale,    must   be 

filed    1098 

Posts    may    be     set    on    sidewalk 

without  permit   1341 

Paving,  cost  of  paid  by  owners  of.  .140 
Sold  under  tax  execution,  redeem- 
ed in  one  year 265  et  seq. 

City  may  bid  in   266 

Taken  for  public   use,  optional   to 

accept  assessments 128 

Street     improvements,     option     of 

owner  to  pay  cash    1179 

By   street  railway   companies, 
pro  rata,  when  refunded.  ..  1344 
Dangerous  lots,  enclosures  around.  1092 
Executions  transferred,  rights     of 
transferee,  redemption  of, 

262,  263,  264 
Claims,  release  from   1210 

PRIVATE    STABLES.     (See     Livery     Sta- 
bles ) . 

PRIVATE  WATCHMEN. 

Appointment  of,  law  concerning,      ' 

1736  et  scq. 
PROSECUTIONS. 

Limitations   of    1864 

(38) 


PUBLIC  DEBT. 

Sinking  fund  to  pay   226 

PUBLIC  MEETINGS. 

Regulation  of  in  streets   48 

How  held  and  regulated 1841 

PUBLIC  SCHOOLS.      (See  Board  of  Edu- 
cation). 

Board  of  Education  has  control  of,  937 
Expenses  for,  paid  out  of  treasury,  182 

Disturbance  of    1855 

Superintendent     of,     teachers     in, 

elected  by  Board 181 

Power  of  Council  to  establish  and 

maintain    180 

Plan  of  instruction  in 940 

Text  books  for,  how  selected    939 

Contagious  diseases  in   779 

Board  of  Lady  Visitors,  951,  952,  953 

Grammar  School  for  West  End 13 

Tax  for,  how  raised   946,  947 

PUBLIC  PROPERTY.       . 

Sale  of    986,  987 


PUBLIC  WEIGHER. 

Appointment  of,  salaries, 

519,   1386,  1387,  1388 

Duties  of    1389,   1391 

Establishment  of  system    1385 

Books  of    1390 

Comptroller  to  furnish  books  to..  1392 
Coal  dealers     shall     have     wagons 

weighed,  when   1394,  1395 

Certificate  of  false  weight 1396 

Certificate  delivered  to  driver.  ...  1399 

Changing  certificate    1397 

Certificates,  how     made     out     and 

signed    1398,   1403 

Fees,  by  wiiom  paid   1393 

Interfering  with 1401 

When  appointed  1402 

Selling  part  for  all   1400 

QUARANTINE. 

Board  of  Health  may  establish 772 

Fumigation    773 

Laws  concerning 772  et  seq. 

RAILROADS. 

Alabama  street,  extension  of,  con- 
demnation of   131  et  seq. 

Assessed     for     improvements       by 
Council   142 

Bridges     across     tracks,     building 
and   repairing    39,   1378   et  seq. 

Building  across  streets  and  allevs, 
penalty    1358,    1359 

Crossing     certain     streets,      speed 
regulated,  penalty 1352.  1353 

Crossings  obstructed    longer    than 
three  minutes   1301 

Incorporation  of,  general  law 320 

Flagmen  to  act  as  policemen 1354 

Getting  on  and  off  moving  trains. 

1355.  1377 


594 


Index. 


Loitering  around  tracks  of   1357 

Property  of  subject  to  taxation, 

257  et  scq. 

Speed  of  trains  in  city 1360 

Western      &       Atlantic,    Alabama 

street  extension    133 

Whistling  within  corporate  limits.  1358 

Switching  trains  on  Sunday 1373 

Switching  across     certain     streets, 

within    certain    hours,    1365    et    seq. 

Discharging  freight  at    1364 

Crossing  watchmen,  hours  of 1375 

Mitchell   street,   crossing  of  trains 

regulated 1368  ct  seq. 

Powell    street    crossing,    watchmen 

kept  at    1362 

Peters  street,  number  of  watchmen 

at    1374 

Watchmen  to  be  kept  at  all  cross- 
ings     1352,   1363 

]\IcDaniel   street   crossing,   flagmen 

at    1376 

Water  closets  on  cars   761 

Employes  appointed  as  policemen,  1356 
Two    cars   or   engines    approaching 

crossing  at  same  time 1366,  1367 

RECORDEE.      (See  Courts  and  Trials). 
Authority  of,  and  term     of     office, 

Bond  of    493 

election    198 

Hours  for  holding  court 1765 

Jurisdiction  of  court    200 

May  hold  other  office  not  conflict- 
ing    201 

Salary  of   199 

Court,    member    of    Council     may 

hold   202,   1765 

Powers,  concurrent     with     Mayor, 

etc   201 

May    bind    over    off'ender    against 
State  law 307 

RELIEF  COMMITTEE. 

City  physicians,   supervision  over,   735 

REGISTRATION.      (See     Registrar,     Elec- 
tions). 

All  qualified  to  vote,  entitled  to 339 

Lists  close  November  25 338 

Books  of,  time  kept  open 344 

Necessary  to  vote 336,  345,  349 

Oath  of  voter,  before  whom  taken, 

form  of    337,   340,   343 

Of  voters,  how,  when  and  by  whom,  337 
Removal  of  voter  from  ward  to  an- 
other     341,   346 

Hours  lor    347 

Provided  for    214 

REGISTRAR.      (See     Elections,     Registra- 
tion, Voters ) . 

Appointment  of,  duties,  compensa- 
tion    214 

Lists  of  voters  consolidated  by, 

343.   348 


Tax  Collector  appointed  as, 

214,    337,    342 
Voters  shall  take  oath  before   343 

RESTAURANTS. 

May  keep  open  on  Sabbath.      (See 
Sabbath). 

REVENUE. 

Provision  for  raising 62 

RETAILING.      (See  Liquor  Traffic). 
REWARDS.      (See  Police  Department). 
RIOTS. 

Emergency,     Mayor     has     special 
power    320 

Special   appointments  in  case  of..  1735 
ROLLER  SKA'iES. 

Not      allowed      on      sidewalks     or 
streets    1201,    1202 

SABBATH. 

Stores  kept  open  on   1815 

Milk,  bread,  etc.,  sold  on   1816 

Barbers  not  to  keep  open  on 1833 

Sale  and  delivery  of  meats 1834 

What  may  be   sold  on    1817 

Keeping  open  house  on 320 

SANITARY     AFFAIRS.      (See     Board     of 
Health,     Quarantine,     Nuisances,       City 
Physicians,  Diseases). 
Dead  animals,  carcasses.     (See  An- 
imals). 

Appropriations  for   173,  247 

Contagious  diseases,  must  be     re- 
ported     749,  750 

Crematories    173 

Decayed  meats,   fruits,   vegetables, 

etc    751,   785 

Dumping  grounds  regulated,     pro- 
visions  for    804 

Profane  language,   fighting  or 

quarreling    805 

Interference   by   outsiders 806 

Interference   along   road   lead- 
ing to   807 

Garbage  and  excrement   747 

Inspection    741  ( a ) ,   742 

Inspectors,  Chief  of,  salary 743 

Hides,  dry  and  green,  on  premises,  752 
Decayed  matter,   placing  on   prop- 
erty of  another  753 

Inspectors,  powers  and  duties  of, 

745,  784 

Examination  by   746 

Milk,  law  concerning 817  et  seq. 

New  waterworks,  sanitary  regula- 
tions for    104 

Drainage  for  filthy  water 763 

Obstructing  drains    768 

Privies,  excreta,  examination  of, 

757  et  seq. 
Filth     from,       deposited       on 
streets   844 


Index. 


595 


Guano  factories   765,  766 

Sanitary  tax,  $3.00,  levy  of 255 

Opium  joints 767 

Smallpox,  signs  to  be     hun<j     out, 

failure  to   report    754 

^^'ater  closets,  on  ears 761 

]\Iust  be  connected  with  sewer,  792 

Who  responsible  for    793 

Copy  of  ordinance  to  be  served,  794 

Violation  of  ordinance 795 

Expense  of.  city  not  liable  for,  796 
Must   have    water     connection 

also   797 

Penalty    798 

Board  of  iiealtli  may  require,   799 

Notice  to  provide   800 

Penalty    800 

Construction  of,   regulated, 

801,   802,  803 
Weeds,   owners    of    property    must 

remove    827 

Lots  for.  what  constitutes 829 

Inspectors  must  furnish  list  of .  .  .  .830 

Sanitary  tax  828 

Undertakers,     bodies      dead     from 

contagious  diseases    750 

Officer  in  discharge  of  duty,  inter- 
ference with    759 

Slaughter  houses   762 

Sanitary  service  for  West  End 11 

Police    protection    18 

Drainage  of  cellars  and  lots,   171,  842 

Nuisance,  abatement  of 308  et  seq. 

Regulations  within  fire  limits    ....658 

Sale   of   infected   clothing    756 

Carrying  diseased  animals  through 

streets    783 

Oleomargarine  787  et  seq. 

Drainage     and     plumbing.        (See 
Drainage ) . 

SALARIES. 

None    for    members    of    boards    af- 
ter January  1,  1899    223 

Board   Water   Commissioners 112 

Fixed  by  Council   218 

Of  officers  to  be  fixed  year  preced- 
ing election    ". 222 

Of  officers  generally    518 

SALES.      ( See  Executions,  Marshal ) . 
Levy,  executionss     and     sales     un- 
der     150,    151(a) 

Of  personal  property,  how  made... 217 
Under  executions,  law  concerning, 

265   et  seq. 
Of  public  property 986,  987 

SAJ^OONS.      (See  Barrooms). 
SAND. 

Removing  without  consent  of     the 

OAvner    1939 

SCHOOLS.      (See  Public  Schools). 
SCREENS  AND  BLINDS. 

In  barrooms,  prohibited    1542 


SEWERS. 

Authority  of  Mayor  and     General 

Council  to  construct   1213 

Abandoned  culverts   1239 

Assessment  of  cost  of,  etc 1229,  40 

Connections  with,  right  of  proper- 
ty owners   to,  cost    41,  42 

Corner  lots,  now  assessed  for   44 

Connections  kept  in  order  by  occu- 
pants    '. 1217 

Connections  on  I'eachtree  and  cer- 
tain other   streets  regulated. 

1242  et  seq. 
Connections  controlled  bv  Council, 

1215.  1216,  1233 
Corner     lots     to     have     reduction, 

when    1235 

Cost  of.  lien  on  property 1236 

Connections      having     "Ys. '      how 

regulated     1240 

Damages    to    property,    how    ascer- 
tained     ■ 1214,   1233 

Material,     etc.,     in     discretion     of 

Council    1230 

Notices  of  construction     must     be 

given    46,    1237 

To  be  published    1237 

Ordinances   for,    how   applied   and 

construed    1238 

Record   of  cash  kept  by  City   En- 
gineer     1005 

Old  culverts  must  not  be  used.  .  .  .  1249 
Pipes  for,  laying  regulated,  i218  et  seq. 
System    of,    provided    for. 

1227   et  seq. 

Connections,   when  made    1250 

Six   months   allowed   in   which      to 

make  connections    1251 

Provision  for   West  End    15 

Through    private   property,   assess- 
ments  for    43 

Assessment,  lien  of    45 

Installment,  provision  for  paying... 47 

SEXTON.      (See  City  Sexton.   Births     and 
Deaths,  Cemeteries). 

SHADE  TREES.      ( See  Trees ) . 
SHOOTING  GALLERIES. 

License  for,  how  obtained    1893 

Minors  and  drunken  persons     not 

allowed  in   1895 

Minors  may  practice  in.  with  con- 
sent  of   parents    1896 

Restrictions  1894 

SHOWS. 

Entry  fee  must  be  paid,  penalty. 

1865,  1866 
May   be   licensed    67 

SIDEWALKS. 

Auctioneers    or   merchants,    not    to 

obstruct   1077 

Awnings   over    1085 

Advertising  pasted  or  painted  on,   1165 
Bicvele  riding  on   1196 


596 


Index. 


Barbed  wire  fencing  along,  unlaw- 
ful  1064 

Boxes,  stands,  etc.,  used  to  display 

goods    1068 

Council  may  order  laid 134 

Cost  of,  assessed  by  Council,   139,   140 
Curbing  at  street  corners     to     be 

turned    1080 

Encroachments  on,  forbidden, 

1047  et  seq.,  1192 
Expense   where     alleys      intersect, 

how  divided    1054 

Inman  Park,  regulations  as  to, 

1043  et  seq. 
Laid  at  owner's  expense,  after  no- 
tice, curbing   1081 

Materials  for,  prescribed   1052 

Merchants  may  use  two  feet  to  dis- 
play goods   1008 

May     use     one-third  of  in  re- 
ceiving and  shipping 1077 

Notice  to   property   owners   to  lay 

and  keep  in  order    1050 

Property  owner  refusing,  city     to 

lay   '.....1051 

Obstructions  of  any  sort  on 1062 

Riding  or  driving  on  1069 

Spitting  on   1874 

Bepaired  and  kept  clean  and  swept, 

penalty   1058  et  seq. 

Regulations  as  to  gratings   1061 

Resolutions       for       laying,     when 

adopted   1082,   1083 

Roller  skates  on    1201,  1202 

Snow  on  1045 

Penalty   1046 

Shall  not  be  obstructed  in  front  of 

stores    1067 

Steps  or  obstructions  on,  removed 

at  night   1068 

Sweepings  and  garbage  on.  .  1089  et  seq. 
Throwing  liquids  on,  forbidden.  .  .  .  1087 

Use  of,  for  building  purposes 1066 

Width    of    1042 

Whole  expense     assessed     against 

the  property  owner   1053 

When    being    graded,    fences      and 

trees  to  be  removed 1063 

Dangerous  in,  to  be  fixed 1055 

Setting  posts  on  edge  of,   without 
permit 1341 

SIGNS. 

Painted  on  sidewalks,  etc.,  unlaw- 
ful     1165 

Awnings  and  signboards 668 

Wooden  signs    669 

SINKING  FUND. 

Created,   how    108 

Managed    by   Mayor   and    Council, 

$3,500  annual   Ill 

Permanent,  $50,000  annual  appro 

priation  for  226 

$20,000    99,   425 

Treasurer  to  keep  account  with  on 
his  books   230 


Commission  for,   creation,  duties, 

372  et  seq. 
Bonds  for.      (See  Bonds). 
Tax   for    464 

SLAUGHTER  HOUSES. 

Prohibited,  where 762 

Regulations  of    1800 

SMALLPOX.      (See  Contagious  Diseases). 
SODA  FOUNTAINS.      ( See  Sabbath ) . 
SNOW. 

Pi-operty  owner  must  keep  cleaned 
off  of  sidewalk   1045 

SPIRITUALISTS. 

Taxation    of    73 

SPRINGVALE   PARK.      (See   Parks). 

SPRINKLING. 

Streets,  hours  for    1109 

Crossings,  need  not  cut  oft'  on.  ..  .1110 

STABLES.      (See  Livery  Stables). 

Private   not   nearer     than      thirty 
feet  to  any  residence 1976 

STAIRWAYS. 

Loitering  about  or  sleeping  in. 

1819,  1820 

STANDING  COMMITTEES  OF  COUNCIL. 
( See  Committees ) . 

STOLEN  PROPERTY. 

Disposition  of 1608,  1609 

STREAMS. 

Dumping  carcasses   into,     prohibi- 
ted     320 

Use  of  for  waterworks   118 

STREETS  AND  ALLEYS.      (See  Commis- 
sioner Public     Works,     City     Engineer, 
Sewers,    Drainage,     Grades,      Sidewalks, 
Paving). 
Accounts  for  improvements  on.  how 

paid    1041 

Auctioneers  and  merchants  not  to 

obstruct    1077 

Alabama,  extension  of 131  et  seq. 

Assembling  or  loitering  on   1848 

Assessments  for  improvements.     (See 

Assessments). 
Auctioning   live   stock      or     goods 

on    1093 

Bicyclists   approaching,  must   ring 

gong    1197.    1198 

Bills     for     improvements,        when 

transferred,  how  collected 1180 

Connections  for  water  mains    ....1171 
Connecting  with  improved  streets, 

may  be  improved    146,   147 

Circular    holes    cut    through    curb- 
stone  for   pipe    1170 

Dangerous    places,    to   be   repaired 

at  once  1055 


Index, 


597 


Digj^ing  gravel,  etc.,  out  of 107(j 

Kxcfutions  for  iniprovoments    141 

Excavations  in,  regulated,   1218  et  scq. 

Excavations  for  sewer  gas,  etc., 
bond  required    11  ()9 

Feeding  animals  on   1852 

Employes  opening,  must  have  certi- 
ficate      1172 

Grading  and  draining 134 

Grading     and     paving,     authority 

for    1034,   138 

Cost  assessed     against     prop- 
erty     1035 

General  repair  of  149 

Petition  one-third  owners  for,  103(5 

May  be  closed  269 

Names  of  changed 1122  et  seq. 

Opened,  straightened  or  widened, 
authority   for    126,    127 

Marietta  street,  widening  of 1121 

House  numbering,  law  concern- 
ing     1115   et  seq. 

Ordinances  for  improvements  on 
signed  by  City  Attorney 1033 

Paving,  cost  of  assessed  aganist 
abutting   owner    139 

Paving  and  curbing  with  granite 
blocks     1178 

Petition  from  one-third  property 
owners  necessary    140,    147 

Paving  required  of  street  railway 
companies   140  to  145 

Paved  with  asphalt,  sprinkling 
prohibited   1190,  1191 

Petition  for  street  improvements, 
how   made    1033 

Riding  or  driving  in  disorderly  way 
over    1069 

Responsibility  for  opening,  how  re- 
lieved against    1174 

Removing  belgian  blocks  without 
permit    1175 

Rubble  paving  removed  by  rail- 
road company,  replaced  with 
what   1114 

Persons  obstructing  shall  notify 
Fire  Department.  ..  1173,   1176,   1177 

Steps  or  obstructions  built  on.  .  .  .  1068 

Sweepings  not  to  be  thrown  on, 
box  for,  penalty   1089  et  seq. 

Sprinkling,  hours  for    1109,   1110 

Street  tax    135 

Unused  vehicles  left  on   1194 

Unlawful  to  place  nails,  tacks, 
etc.,  on    1056,   1057 

Use  of  for  building  purposes, 

1066,    1207 

Use  of  to  build  waterworks    86 

Vehicles  standing  on,  must  have 
team  attached  to   1072 

Vending   patent  medicines   on, 

1094,    1095 

Vicious  animals  not  allowed  on.  .  .1096 

Where  necessary,  trees  and  fences 
removed    1063 


Paik  -itreet,  fixing  grade  of    1203 

.Markham   street,  part  conveyed  to 

Southern  Railway  Co...  1205  et  seq. 
Throwing  liquids  on,  forbidden.  .  1087 
Iron  plates  at  crossings,  not  to  be 

driven  over    1071 

Direction  boards,  injury  and  defac- 
ing     1108 

Public    speaking    in    48 

Paving  of   138 

Throwing  filthy  water  on 703 

STREET  DUTY. 

Citizens  liable  for   135 

Commutation   tax    254 

STREET   IMPROVEMENT   COLLECTOR. 

Appointment  of    1252 

P.ond  of   493.  1253 

Duties   1007,  1032,  1254 

Improvements,    bills   for,    collected 

by    1255 

To  settle  daily  with  Tax  Collector,  1256 
Record  bills     for     street     improve- 
ment, kept  by 1259 

Collection  of  bills,  no  authority  to 

postpone    1263 

Bills,  uncollected,  reported  month- 
ly     1264 

STREET  RAILWAYS. 

Cars  of,  must  be  numbered   1315 

Car  bells  must  not  be  used     near 

churches  on  Sabbath   1316 

Changing  radius     at     Washington 

and  Jones  streets  1325 

Crossing       Broad     street     bridge, 

privilege  of   1330 

Crossing  Forsyth  street  bridge, 

1333,   1334 
Crossing  streets,  speed  of  cars  reg- 
ulated    1331 

Cars  must  slacken  speed  in  case  of 
frightened  horses,  penalty, 

'  1342,   1343 
Conductors  on,  have  police  powers,  320 
Cars  must  be  equipped  with  fend- 
ers,  penalty   1348,   1349 

Double  tracks,  must  pave  between,  143 

Duty  of  as  to  streets 1321 

General  ordinances  for  construction 

of    1351(a)    et  seq. 

Franchise   granted   to,   reservation 

of  right  to  grant 1326,   1327 

Grade  furnished   1320 

Guard  wires  to  be  erected,  when,   1339 

Incorporation  of,  general    law 320 

Interfering  with  tracks  of 1324 

Liiving   tracks   without   authority, 

penalty   1328,   1329 

Line     having     heavy     grade,     has 

right-of-way   1332 

^lay  be  assessed  for  improvements.  142 
Paving  between  rails,  required.  140.  143 

On  unpaved  streets 144.    145 

Removed,  how  replaced 1114 

Width  of  track    1318 


598 


Index. 


Ordinance    1345 

As   to   second   track    1346 

Rules   for,   government   of   compa- 
nies  1319 

Road  beds,  expense  of  keeping    up 

prorated,  when   1326 

Persons    obstructing    platform    of 

cars    1323 

Poles  erected  by,  to  be  painted   .  .  .1340 

Passenger  fares 1314 

Repaying,  authority  for    141.   H-^ 

Refusal  of  passenger  to  pay  fare,  1322 

Rebate  on  street  paving   1347 

Installment  privilege  not  given  to,  1183 

Sliall  conform  to  surveys   1312 

Streets  occupied  by,  cost  of  repair- 
ing    320,   1313 

Speed  of  cars,  regulated 1317 

Sidewalks  and   streets   afi'ected   by 

tracks  of    1338 

Selling  to  or  contracting  with  each 

other  ." 320 

Transfer  ordinance 1335  et  seq. 

Transfer   tickets   not   transferable, 

penalty 1350,  1351 

Where  streets  already  paved,  pay- 
ment of    same    required,     before 

franchise  granted   1344 

Liability  of,  concerning  bridges, 

1378  et  seq. 

STREET  VENDORS.     ( See  Peddlers ) . 
SUITS. 

Against  city,  city  officers  shall  not 

prosecute    507 

Claim  for  money  or  damages  must 

be  first  presented   to  Council.  ..  .224 
Criminal    cases,   by   whom   not   de- 
fended     " 506 

SUPERINTENDENT  PUBLIC  SCHOOLS. 

(See  Public  Schools). 
SWEEPINGS. 

Must   not   be   thrown   on   streets.  .  1089 

Receptacle  for   1090 

1091 


Garbage  and  ashes 


TAX.     (See  City  Tax  Collector,  Executions, 
Marshal,  City  Tax  Receiver). 

Assessment  for,  how  made 1429 

As.sessment  for  sanitary,  how  made 

and  collected 1434,   828  et  seq. 

Business,  classified  for 65,  250 

Books  open  and  close,  digest 1430 

Collector     and     Receiver,     defining 

office  and  duties  of    242 

City  taxes,  installments,  when  due 

and   payable 251,  253,    1431 

Commutation,  in  lieu  of  street  duty 

when  due 1435,  135,  254 

Discount  allowed,  when 252,  1433 

Defaulters'  digest 1443 

Double  tax,   imposed,   when,     how     re- 
lieved against 1442,  186,  243 

Extraordinary,  not  to  exceed  y^  of 
1  per  cent   62,  63 


Exempt  from,   property     held     by 

Water  Board ". '.  .  105 

Expenses,   six  months  in   advance, 

$20,000  set  apart    228,  229 

Form   of  oath    1426,    1437 

False  returns   1421,  1438 

Executions  and  fi.  fas.    (See   Exe- 
cutions, Marshal). 
Failure    to    make    return   of    prop- 
erty  for,    penalty... 242,    1418,    1431 

Investigation,  power  of  court 1440 

Advertisement  and  sale  of  property 

for   261 

Execution   for,    when   no   property 

found    314 

Installments,  interest  on 253,  1432 

Interest  on  water  bonds 89 

Ordinance  for   1439 

Vendue  masters    1441 

Public  schools    946,  947 

Registration,  on  business 64 

Rate,   per   hundred,   $1.25    1428 

Railroads,  property  of  subject  to, 

257  et  seq. 
Sales,   under   execution,    law     con- 
cerning   265  et  seq. 

Sanitary,  installments.      (See  San- 
itary Afiairs)    255 

For  sinking  fund   99,  425,  464 

Water  bonds,  fund    108,  433 

Railroads,   property  of,   subject.  ..  1446 
Waterworks,    property   of,    exempt 

from    105 

Street    135 

TAGS. 

Dogs  running  at  large  without ...  1964 
Record  of  purchasers     of,     to     be 

kept    1967 

Where  sold    1965 

For  city  teams    1028 

TELEPHONE  AND  TELEGRAPH  COM- 
PANIES. 

Defacing   poles   of    1861 

Electric    Board   to   regulate   use   of 

poles   1100 

Electric  wires  of,  regulated,  1102  et  seq. 

Poles  of,  must  be  painted 1099 

Surplus  dirt  around,  to  be  re- 
moved     1111 

Sidewalks  must  be  left  in  good 

condition   1112,  1113 

Wires    of,    Fire    Department    may 

cut,  when  necessary 1 105 

Must  be  24  feet  from  ground,  1106 
City  not  liable  for  damages,    1107 
Condemned   poles,   penalty   for  not 

removing    1101 

Telephones,   for  city  use,  distribu- 
tion of    37 1 

TENPIN     ALLEYS.      (See     Billiards     and 
Pool). 

Council  may  license 68 

TEXT-BOOKS.      (See  Public  Schools). 


Index. 


599 


THEATRES. 

Aisles  kept  clear,  and  exits  marked, 

1979 

Construction  of  doors  of 1978 

Ladies  must  remove  hats  in   1980 

Provision   for  orchestra    1982 

Speculating  in  tickets  1983 

Penalty  section    1981 

Theatrical  companies,  license    fi7 

TICKET  SCALPERS. 

Soliciting  on  sidewalk 1866(e) 

Penalty   1866(f) 

TRAINS.      ( See  Union  Passenger  Depot ) . 

TRANSFERS. 

By  street  railway  companies,  regu- 
'latcd " 1335  et  seq. 

TREASURER.      (See  City  Treasurer). 

TREASURY,  CITY. 

License  fees,  covered  into   191 

No  appropriations  from,  except  by 

resolution    76 

Checks  not  issued  unless  money  in.  .  .75 
Must   contain   i);l75,000   at   end   of 
each    year     231,    232 

TREES. 

Fastening  horses  to,  forbidden.  .  .  .1086 
Owners  of,  shall  keep  trimmed.  ..  1097 
Removed  for  paving  and  grading.  .1063 

TURF. 

Not  removed  without  consent  of 
owner    1939 

TURF  EXCHANGE. 

Prohibited    1892 

UNDERTAKERS. 

Must  report  contagious  diseases.  .  .750 

UNION  PASSENGER  DEPOT. 

Hacks  in  front  of 1926 

Hotel  porters  not  to  enter,   1853,   1854 

Drumming  passengers  under   1932 

Drumming  for  passengers  by  hack- 
men  under   1933 

VACANCIES. 

Officers  appointed  or  elected  by 
Council   221 

VACCINATION. 

Compulsory,  physicians,  how  se- 
lected   .'....  ."^ 173 

Law  concerning   769  et  seq. 

Free  by  City  Physicians  73(j 

VEHICLES. 

Standing  on     street,     must     have 

team  attached   1072 

Not  in  use   1 194 

VENABLE  BROTHERS. 

Proposition  and  contract  for  lay- 
ing granite  blocks,  paving  and 
curbing    1178,   1179 


VENDUE  MASTERS. 

Acting  without  license   1905 

May  be  licensed    1902 

Shall  take  oath   1903 

Returns  of   1994 

VOTERS.        (See      Election,      Registration, 
Registrar). 

WAGONS. 

Hauling  dirt    1088 

WAGON  YARDS. 

May  be   licensed    1897 

Encamping  elsewhere,   prohibited,    1898 

Regulation   of    1899 

Drunkenness   in    1999 

Supervision  of,  by  police   1901 

WARDS. 

West  End  to  be  seventh    4 

Representation    from    seventh    on 

different  boards    6 

Establishment  of,  limits,  29,  324,  et  seq. 

Commissioners  for  elections 55 

Removal  from,  vacates  office 60 

WARDEN. 

Duties  of,  performed     by     License 
Inspector    I.5I8 

WATER   CLOSETS.      (See     Sanitary     Af- 
fairs). 

WATER  MAINS.      (See  Waterworks). 

WATER  PIPES.      (See  Pipes). 

Assessment  for,  when   125 

Injury  to,  liability,  punishment.  .  103 

WATER      SUPPLY.        (See     Waterworks, 
Board  of  Commissioners). 

Persons  using,  when  not  assessed,   125 
Application  for,  how  and  by  whom 

made    702 

City  to  repair  meters 694 

Cutting  off  supply,  notice   695 

Contracts  for,  no  longer  than  three 

years    102 

Distribution  by  board   100 

Fire  hydrants,  keys  of,  who     may 

use    ".  .697 

Furnishing  of,  regulated.  .  .  .703  et  seq. 
Interfering  with  founts,  hydrants, 

etc.,   punishment    693 

Income  from,  paid  to  city 108 

Injuring  founts  of  artesian  well.  .  .696 

Introduction  of,  into  premises 701 

Inspection    712 

Emergency,  may  cut  off 721 

Price  of,  regulated  by  board   100 

Pipe  into     premises,     property     of 

owner    708 

Plumbing  at  expense  of  owner 709 

Stop-cock  and  box   706 

Several  parties  on  one  tap 710 

Street  connections,  who  may  tap..  705 
Use  of,  for  motive  power  711 


600 


Index. 


Payment  for,   may   be    required   in 

advance    101 

Sprinkling  with  wagons   713 

For  fire  protection    714 

Expense  of  tapping  paid  by  owner,  719 
Interfering  with     reservoirs,     etc., 

punishment    718 

Police  to  aid  in     enforcement     of 

water   ordinances    719 

Rules  and  regulations  for   107 

Reservation  of  right  to  inspect.  ..  .720 

Meters   722 

Rates  for     consumers     outside     of 

city   723 

Receipts,   system  of  payment    690 

Plumbers     and     plumbing,  reports 

of   724  et  seq. 

Hydrant  keys  made  and  numbered,  698 

Unlawful  possession,    penalty,  699 

Interfering  with  water  connections,  700 

Injuring  pipes   and  water    103 

Use  of  during  tire   646 

Fire  pipes,  regulations  as  to 715 

Pipe  tests 716 

Violation     of     provisions,   punish- 
ment     727 

Meter  readers,  police  power  of 728 

WATERWORKS.        (See      Water     Supply, 
Board  of  Commissioners  of). 

Rules  governing p.  452 

Bonds  for.      (See  Bonds). 
Expenses  of,  not     to     exceed     esti- 
mated income  109,  110 

Engineer   and   clerks,   appointment 

and  compensation    114 

Authority  to  extend,  provision  for 

survey,  rights  of  way....  115  to  125 
Temporary   loans   for   construction 

of    92,   94 

Inspection  of,  semi-annual 112 

Lease,  -sell   and  condemn  property 

for    118 

Mains  for   119 

Police    protection    over,    and    sani- 
tary regulations   104 

Secretary,  duty  of   690 

Property,  exempt  from  tax   105 

Use  of  streams   118 

Streets  and  roads  may  be  used  for,  86 
disputed  condemnation  of  property,  120 
Equipment  of  city  reserve  fund ."^..121 

Mains  for  West  End 16 

Old  waterworks,  police  protection,  18 
Xew     waterworks,     grounds     and 

mains    18 

Bonds,   for   construction   of.      (See 
Bonds). 


Connections  and  mains    1171 

Condemnation  of  property  for,  and 
payment    83,    84,   85 

WEEDS. 

Property  owner  must  cut    827 

WEIGHTS  AND  MEASURES. 

Penalty  for  non-use    1.383 

Standard   weights    1382 

Wood  yards  must  put     up     racks 
for.   penalty    1384,    1385 

WEST  END.      (See  Atlanta,  Wards). 

Added   to   city    2 

Alderman   and   Councilman,      elec- 
tion of,  one  for  five  years 5 

Contract  with  Atlanta,     how     en- 
forced     17 

Designated  as   Seventh  ward    4 

Equal  representation  on  boards   6 

Debt  assumed  by  Atlanta,   proper- 
ty of  vest   in  Atlanta    8 

Fire  engine  house  for   12 

Grammar  school  for 13 

Laws  and  ordinances  of  Atlanta  to 

apply   3 

Lights  to  be  maintained 10 

Sale  of  intoxicants  in,  prohibited.  .2,  9 
Sanitary  service  for.   same  as   At- 
lanta'  11 

Police  protection    14 

Sewers    15 

Rights  and  franchises  preserved 7 

Water  main  for    16 

WELLS  AND  CISTERNS. 

Must  be  covered  or  enclosed,  1875,  1876 
Drawing  water  from   1877 

WHIPPING  BOSSES. 

Appointment  of,  law  governing   .  .  .  320 

WHOLESALE     LIQUOR.        (See       Liquor 
Traffic). 

WITNESSES. 

Attendance   compelled 61,   211 

Auditing,  fees  of,     by     officers     of 

City  Government  .' 516,  517 

Assessors  may  subpoena   300 

Employes  not  paid  for  attendance 

as    .' 516 

WOOD  YARDS. 

Must  put  up  racks,  penalty   1384 

Must  have  permit 670 

Must  not  cut  on  sidewalk 671 


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